Case 3:16-cr-05110-RJB Document 191 Filed 03/23/17 Page 1 of 3

1 The Honorable Robert J. Bryan

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7 UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
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AT TACOMA
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10 UNITED STATES OF AMERICA, NO. CR16-5110 RJB
11 Plaintiff,
NOTICE TO THE COURT TO CLARIFY
12 v. STATEMENTS MADE DURING THE
13 GOVERNMENTS ARGUMENT
DAVID TIPPENS,
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Defendant.
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16 The United States of America, by and through Annette L. Hayes, United States
17 Attorney for the Western District of Washington, and Matthew P. Hampton and Grady J.
18 Leupold, Assistant United States Attorneys, files this notice to clarify statements made
19 during the governments argument seeking to exclude the supplemental exhibits that the
20 defense presented to the government prior to the start of the afternoon session of the trial
21 on March 14, 2017. This notice seeks only to clarify statements made by government
22 counsel at trial. It is not a request for reconsideration of the Courts order dismissing
23 Counts 1 and 3 of the Superseding Indictment.
24 Several of these supplemental exhibits contained markings that would ordinarily be
25 used to indicate that the documents contained classified information. Because government
26 counsel had no prior knowledge of these documents, neither government counsel could
27 confirm in any way the authenticity of the defendants supplemental exhibits. Further,
28 because of this lack of knowledge, neither government counsel was in a position to

NOTICE TO THE COURT TO CLARIFY UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220
STATEMENTS MADE DURING ARGUMENT - 1
SEATTLE, WASHINGTON 98101
TIPPENS/CR16-5110RIB (206) 553-7970
 Case 3:16-cr-05110-RJB Document 191 Filed 03/23/17 Page 2 of 3

1 confirm, or make any representation, regarding the accuracy of the information in the
2 supplemental exhibits. Government counsels decision to alert the Court to their concerns
3 and their request that the Court exclude the documents was not based on any knowledge of
4 the content of the documents or their source.
5 DATED this 23rd day of March, 2017.
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7 Respectfully submitted,
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ANNETTE L. HAYES
9 United States Attorney
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s/ Matthew P. Hampton
11 MATTHEW P. HAMPTON
12 GRADY J. LEUPOLD
Assistant United States Attorneys
13 700 Stewart Street, Suite 5220
Seattle, Washington 98101
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Telephone: (206) 553-7970
15 Facsimile: (206) 553-0755
Email: Matthew.Hampton@usdoj.gov
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NOTICE TO THE COURT TO CLARIFY UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220
STATEMENTS MADE DURING ARGUMENT - 2
SEATTLE, WASHINGTON 98101
TIPPENS/CR16-5110RIB (206) 553-7970
 Case 3:16-cr-05110-RJB Document 191 Filed 03/23/17 Page 3 of 3

1 CERTIFICATE OF SERVICE
2 I hereby certify that on March 23, 2017, I electronically filed the foregoing with
3 the Clerk of the Court using the CM/ECF system, which will send notification of such
4 filing to the attorney(s) of record for the defendant.
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6 s/Emily Miller
EMILY MILLER
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Legal Assistant
8 United States Attorneys Office
700 Stewart Street, Suite 5220
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Seattle, Washington 98101-1271
10 Phone: (206) 553-2267
FAX: (206) 553-0755
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E-mail: emily.miller@usdoj.gov
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NOTICE TO THE COURT TO CLARIFY UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220
STATEMENTS MADE DURING ARGUMENT - 3
SEATTLE, WASHINGTON 98101
TIPPENS/CR16-5110RIB (206) 553-7970