This column is devoted to making federal criminal pretrial discovery procedure as fair as possible. Several members of the criminal defense bar feel that, based upon the many practice adjustments the courts made for COVID-19, this is the time to seek to expand the federal criminal discovery process, which is far more restrictive than many state procedures.

I was a federal prosecutor in Chicago for 10 years and for five years in Philadelphia as the U.S. Attorney. My advice is not to seek formal full-scale changes from the U.S. Attorney. This would involve too many memos, too many committees, too many meetings, and create a project that would resemble the many parties in an old radio soap opera. My advice is to work on getting changes in individual cases where there is cause to do so. Federal judges have the full power over criminal discovery and can depart from the provisions of Rule 16 of the Federal Rules of Procedure, if given the right factual circumstance. I suggest that the criminal defense bar make a quiet but substantial effort to expand the federal criminal discovery by requesting expanded discovery where there is a bona fide need. Avoid broad blanket requests. A favorable ruling in a case, should be circulated informally to other members of the local bar. This should be an effort by the Pennsylvania Association of Criminal Defense Lawyers, the Federal Criminal Law Committee of the Eastern District, the American College of Trial Lawyers, the CJA Panel and the Federal Defender.

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