The Gentle Reader who has been following the Saga of TDPK for at least a month or so will remember that TDPK filed a motion in the Virginia Walker v. Kimberlin, et al. case that contained documents which the court had ordered sealed. That was a clear violation of the judge’s instructions to keep the material confidential.
Doing something like that once could be taken as a mistake. Breaching the ordered sealing the material multiple times starts to look like willful disobedience of the court’s order.
This second breach raises some interesting questions with respect to Mr. Cohen’s involvement. IANAL, so I may misunderstand the rules. However, if Mr. Cohen is not TDPK’s attorney, I’m not sure why it would be proper for him to have access to the sealed discovery documents. Furthermore, as a lawyer licensed to practice in Virginia and an officer of the court, wouldn’t he have a duty to inquire about the provenance of the documents before receiving them?
BTW, if Mr. Cohen is representing Justice Through Music Project and Velvet Revolution US in the federal Walker v. Kimberlin, et al. lawsuit, then his clients have potential adverse interests with respect to TDPK. Is it proper to use sealed documents from the Virginia case that he should not have to support negotiations in the interest of his clients in the federal case?
<mockery>Again, the legal strategy behind breaching the court-ordered seal on the documents is either clever beyond the understanding of all the lawyers I’ve discussed this with, or it is mind-bogglingly stupid.</mockery>
If these were the only breaches of the seal on discovery documents, my suspicion is that they would be enough to cause TDPK to be in a heap of trouble when Judge Potter rules on the sanction motion on 4 December. They aren’t. There’s more to come.
You may want to start buying your popcorn (or Jujubes or Raisinets) in bulk.