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Justice Department lawyers inadvertently sent classified information to Proud Boys attorneys, delaying trial

The seditious conspiracy trial of leaders of the domestic terrorist group the Proud Boys has been delayed after prosecutors realized they had sent accidentally sent classified information to the defense team, Politico reports.

The breach happened when prosecutors provided defense counsel with a spreadsheet containing text messages sent by an FBI agent to her colleagues regarding the defendants and the January 6th Republican-led domestic terrorist attack on Congress.  To comply with the discovery process where the defense is provided copies of evidence prosecutors intend to use, the FBI downloaded the agent’s text messages into a spreadsheet, removing anything clearly marked as classified.  In the next step, the agent reviewed the remaining messages, eliminating anything irrelevant to the case and also confirming no classified information was included.  She sent the document to prosecutors who provided the spreadsheet to defense counsel.

Somehow in that process, a number of spreadsheet rows became hidden, meaning that the content was still on the file but hidden from viewers of the spreadsheet without “un-hiding” them.  The agent thought she was sending around two dozen messages to prosecutors; the file contained thousands of hidden lines, DOJ lawyers told the court.

Defense attorneys are balking at the delay, claiming the classified or irrelevant text messages were actually relevant to their case and they’re fighting the DOJ’s effort to recover the material.

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