From: (USANYS)" To: ' D. (NY) (FBI)" II (FBI)" Cc: " (USANYS)" < Subject: [EXTERNAL EMAIL] - Fw: [EXTERNAL] Propose Protocols Date: Thu, 21 Aug 2025 17:49:46 +0000 Importance: Normal k• (NY) (USANYS)" See below. Let's chat. From: ABFE Sent: Thursday, August 21, 2025 1:47:43 PM To USANYS) < NYS) Subject: Re: [EXTERNAL] Propose Protocols It doesn't sound like you understand correctly, Dan. But, we have a much bigger problem. The drive that we were provided last week for work product is gone. It's not here. It was provided by Eric. I'll ask him if he has any idea. But, in the meantime, that drive contained work product. I'll defer to Counsel on how they'd like to handle that with the DOJ. Jeff Michael Fischbach Forensic Technologist • Litigation Consultant • Adviser • Lecturer • Public Speaker SecondWave, Inc., Los Angeles, CA On Thu, Aug 21, 2025, 1:41 PINSIIIIIIISIIIIMPPPMII(USANYS) > wrote: if I understand correctly, you are declining to speak or meet today. That is unfortunate, and what you say below, including apparent accusations, is neither accurate nor productive. We remain available to confer with you and/our counsel anytime, including today, to discuss any concerns or questions, and are also available to return to court. From: ABFE < Sent: Thursday, August 21, 2025 1:24 PM To (USANYS) Subject: Re: [EXTERNAL] Propose Protocols v> The latter is between you and Robert. I told you previously why I prefer the RCFL. Once I finally got your proposal in writing, it did not meet or exceed my experience with the RCFL. And your insistance on inserting yourself into things, reluctance to have them memorized, and tendency to redefine things only adds to the benefit of the RCFL. EFTA01656925

If "written FBI Policies" is an allegation, then we probably have some larger concerns. But, as I said, I signed something the FBI will not let me see. I have been asking for a copu of it since it was signed. And your words - - quoted not alleged -- make having that even more important. If the purpose of this meeting is to assuage anything, then again, you should contact Counsel. Like them, if you're making promises, pitches, or proposals, I'd like to receive them in writing. As I said earlier, we can take notes and bring those to Counsel, but your insurance on circumventing Counsel is inappropriate. And your last sentence below is reason enough to ask that you address ANY questions or assuagion to Counsel. I cannot have that conversation with you without them. Appologies in advance if that causes you any confusion. Jeff Michael Fischbach Forensic Technologist ■ Litigation Consultant • Adviser • Lecturer • Public Speaker SecondWave Inc. Los An eles CA On Thu, Aug 21, 2025, 12:36 PM We will meet you at 2 pm. (USANYS) > wrote: As to alleged written "FBI Policies" for you to review and agree to "as a condition to retrieving work product," as we have said for days, we do not understand to what you are referring, and it is not consistent with what we said, wrote, intended, or understand to be the process. We have no such document to provide to you, and do not understand the basis for your continued declination to have the materials reviewed by a taint agent, as they are in every case, and could have been done days ago. At a minimum, therefore, it seems that we should speak regarding this issue, so that we can either assuage your asserted concern or promptly to go the Court. As to our spaceM has not provided us with any questions or concerns, nor have you, and we therefore have no understanding as why it appears to have been rejected, and we will so inform the Court as warranted. From: Jeff M. Fischbach, ABFE Sent: Thursda Au ust 21, 2025 12:17 PM C. I (USANYS) samos> C (USANYS) >; Robert M. Herz >- elizabeth kelley < ; Samuel M. Braverman , (USANYS) Subject: Re: [EXTERNAL] Propose Protocols Based on our prior experience speaking directly about your proposed space, I'm going to respectfully decline to have that conversation with you, and defer you to Robert Herz for that. The decision is his. I believe it has been made. As I requested on August 1, please refer to him. EFTA01656926

Again, I have no questions for you at this time. If that was your only substantive question, then given the time constraints, I would refer back to my prior request to either provide a copy of the FBI Policies you cited in writing as a condition to retrieving work product, or send a message stating clearly -- in writing -- that will ONLY be reviewing, per the Walsh Act. I cannot accept that verbally. Jeff Michael Fischbach Forensic Technologist ■ Litigation Consultant ■ Adviser • Lecturer • Public Speaker SecondWave Inc. Los An eles A On Thu, Aug 21, 2025, 11:59 AM (USANYS) wrote: I am happy to meet at 2 pm wherever you would like. The agenda for our meeting is, at a minimum, your email below, which appears to raise multiple issues, and we also would like to know what concerns you have about doing the review in our office, since you have expressed concerns about the FBI's space (although we do not understand all such concerns), but not explained what, if any, concerns you have about our space. From: Jeff M. Fischbach, ABFE Sent: Thursday, August 21, 2025 11:56 AM To: Cc: bert M. Herz elizabeth kelley MI MIMI=IN Samuel M. Braverman (USANYS) Subject: Re: [EXTERNAL) Propose Protocols 1 is a little late for lunch, so let's make it 2PM. We don't have the ability to roam the building without an escort, but we should be back in the Defense Review Room. Again, I have no questions for you at this time. But I am always happy to take your questions and attempt to answer what I can, and convey anything I can't answer, or that requires a decision to Counsel, as I did on August 1st. Jeff Michael Fischbach Forensic Technologist • Litigation Consultant • Adviser • Lecturer • Public Speaker Second Wave, Inc., Los Angeles, CA On Thu. Aug 21. 2025. 11 :48 AM (USANYS) > wrote: EFTA01656927