In addition to the "trust us" argument (who needs changes to the rules when the internal guidelines say disclose!), the DOJ resorts to the unfortunate fear argument. People will DIE if the discovery rules are changed. The argument gets absurd:
Legislation requiring earlier and broader disclosures would likely lead to an increase in such tragedies. It would also create a perverse incentive for defendants to wait to plead guilty until close to trial in order to see whether they can successfully remove identified witnesses from testifying against them.Really? This is why prosecutors shouldn't be required to disclose Brady and Giglio well in advance of trial -- because defendants are going to wait to see if the witnesses are killed?
I've spoken out before about the need for discovery reform. But I never thought we'd see this sort of argument. I hope that the Senate sees through it.