Denver Place Building 999 18th Street, Suite 300 Denver, Colorado 80202 Web: www.robertherzlaw.com From: (USANYS) <■ Sent: Tuesday, August 19, 2025 2:28 PM To: Law Office Of Robert Herz <. Cc: 'ELIZABETH KELLEY' ; 'Samuel M. Braverman' >• 'Jeff M. Fischbach, ABFE' Remy (USANYS) ix(>; Subject: RE: [EXTERNAL] Propose Protocols Robert, >; Grosbard, Without commenting on your assertions below (other than to note that the media exam report to which you refer was provided as a courtesy, at your request, as we stated at the time, and was not "new evidence" or material to which the defendant is entitled under Rule 16): We understand from Jeff that a necessary, or at least desirable in his view, step for the review to re-commence at the Philadelphia RCFL, should it have availability and should you agree to its procedures, is for a taint agent to review the work done so far in New York so that that work product may be moved by Jeff, which review Jeff has declined to have done so far this week, canceling the previously-arranged meeting on Monday and also not returning today. EFTA01656936

The FBI remains available to have that taint agent (Eric) do such a review at your convenience, as is standard, and as we understood you agreed to on July 26. Jeff may arrange with I= through email, copying us, to come to 26 Federal Plaza to have that work done. In any event, while we continue to understand the Philadelphia RCFL to have limited, if any, near term availability and flexibility, and continue not to understand why you have declined the offer we understood Jeff accepted on August 1 to have the continued review performed here with far greater availability and flexibility, as we stated repeatedly in recent days, we have re-explored the Philadelphia option at your request, and the Philadelphia RCFL, including a pertinent supervisor, is willing to have a call with you and/or Jeff regarding its availability and procedures, which call we would join. We can arrange for such a call, in the same effort we have undertaken for weeks, namely, providing reasonable, multiple options for you to continue review, at your convenience. Please let us know if that is something you would like to do, and if so, when you and/or Jeff are available. From: Law Office Of Robert Herz Sent: Tuesday, August 19, 2025 4:00 PM To: (USANYS) < Cc: 'ELIZABETH KELLEY' < ; 'Jeff M. Fischbach, Remy (USANYS) <[email protected]> Subject: RE: [EXTERNAL] Propose Protocols 'Samuel M. Braverman' ABFE' Grosbard, USANYS) < > We would like to begin the defense forensic exam as soon as the forensic digital copies of the devices are delivered to the RCFL. Our process has consistently involved a continuing investigation from when the defense forensic computer exam begins up to and including trial, especially where the government continues to disclose new evidence. For instance, on July 29, when the government disclosed what the government referred to as a media exam report, accompanying it was a spreadsheet regarding 162. That spreadsheet references 84,554 new files that are undifferentiated and do not distinguish what files among the 80,000+ are alleged CSAM. That kind of disclosure with that much new data demands a substantial amount of time during the defense exam to process that volume of data. Since the government is filtering the scheduling process through the SDNY, it would be more productive for the government to tell us what full days are available, and what partial days and times are available from now through October 30, 2025. Of course we are capable of scheduling our own sessions with the RCFL which we have been able to do in all previous cases where defense exams have been conducted at RCFLs, and we would be happy to relieve the government of that burden. EFTA01656937

Thank you. Regards. Robert M. Herz Law Offices of Robert Herz, P.C. The Seventh & E Building 431 West Seventh Avenue Suite 107 Anchorage Alaska 99501 Denver Place Building 999 18th Street, Suite 300 Denver, Colorado 80202 Web: www.robertherzlaw.com From: (LISANYS) Sent: Monday, August 18, 2025 6:09 PM To: Law Office Of Robert Herz Cc: 'ELIZABETH KELLEY' 'Samuel M. Braverman' 'Jeff M. Fischbach, ABFE' < EFTA01656938

USANYS) < (USANYS) <. Subject: RE: [EXTERNAL] Propose Protocols Robert, Jeff may indeed communicate directly witMegarding that he has arrived and needs to be escorted up, or similar day-of purely logistical communications, provided that those communications are limited to non-substantive matters, and that he copies us on all emails. However, we continue to ask that arrangements for a review on particular days be made through us ahead of time, through email, for multiple reasons, including so that the record is clear, and any issues may be discussed by counsel, given the past few weeks. That said, he certainly may include eon such requests, through email, and we will continue to ensure that all requests are handled as quickly as reasonably possible. As to the Philadelphia RCFL, as we said last night, (1) we are re-exploring this avenue, given your apparent preference, and will circle back as soon as we can, and (2) it would assist in this regard if you could provide us an estimation of how many days, and approximately when, you would like to do the review there. As always, we are available to confer. From: Law Office Of Robert Herz <[email protected]> Sent: Monday, August 18, 2025 1:50 PM To: Richenthal, Daniel (USANYS) <[email protected]> Cc: 'ELIZABETH KELLEY' <[email protected]>• 'Samuel M. Braverman' <[email protected]>. 'Jeff M. Fischbach, ABFE' <[email protected]>; Grosbard, Remy (USANYS) <[email protected]>• Maxwell, Rita (USANYS) <[email protected]> Subject: RE: [EXTERNAL] Propose Protocols • Please clarify whether you now are authorizing Jeff to communicate directly with regarding meeting Jeff and making arrangements. If so we appreciate the government's change in this regard. EFTA01656939

Will you also please authorize Director _at the RCFL that he too can communicate directly with Jeff for purposes of making arrangements. Thank you. Robert M. Herz Law Offices of Robert Herz, P.C. The Seventh & E Building 431 West Seventh Avenue Suite 107 Anchorage Alaska 99501 Denver Place Building 999 18th Street, Suite 300 Denver, Colorado 80202 Email; Web: www.robertherzlaw.com From Sent: Sunday, August 17, 2025 7:35 PM To: Law Office Of Robert Herz iMMIEM EFTA01656940

Cc: 'ELIZABETH KELLEY' 'Samuel M. Braverman' 'Jeff M. Fischbach, ABFE' (USANYS) <IS; Subject: RE: [EXTERNAL] Propose Protocols Robert, USANYS) We have checked with the FBI, and Jeff may access the material/do review at 26 Federal Plaza as you requested, starting at 9 am tomorrow. Special Agent is not available tomorrow (or, to our knowledge, the rest of the week), so Special Agent will handle meeting Jeff and making arrangements. With respect to the taint agent= he is not available until the afternoon, but then can perform his review. And of course he will not report to the case agents or prosecution team what he sees in reviewing your material, except to the extent it appears that Jeff has taken CSAM (or otherwise violated FBI security protocols). That is the whole point of a taint agent, as you know, to serve as a wall between defense material and the team, and thus we surprised you are asking this to be confirmed, much less weeks Jeff started his work with Eric serving in that role (and given your confirmation on July 26 of our standard use of a taint agent). With respect to the Philadelphia RCFL, as we have said repeatedly, starting on August 1 and continuing, we understand it to have limited availability, flexibility, and resources (which is why we offered you the use of a private space in our office, as explained on August 1 and since). It sounds, however, like you nevertheless want the FBI to move the materials there. We accordingly have reached out to the FBI to seek to get the latest information on the feasibility of using the Philadelphia RCFL, including its availability, and will circle back as soon as we can. It would assist in this regard if you could provide us an estimation of how many days, and approximately when, you would like to do the review there. Hope you had a good weekend. From: Law Office Of Robert Herz mama Sent: Frida Au ust 15, 2025 1:20 PM To USANYS (USANYS) Cc: 'ELIZABETH KELLEY' imelemelomMIIMIna amue M. lni i W M nan (USANYS) n; ' 'Jeff M. Fischbach, ABFE' Subject: RE: [EXTERNAL] Propose Protocols EFTA01656941

I have seen several OOO messages for •come across my feed, and understand he's out of the office until Monday. I want to alert the government that Jeff will need additional access to the FBI workstation on Monday to secure our work product and data. The FBI workstation "crashed" multiple times this week and slowed our ability to download our non-contraband data from the FBI workstation. So we still have not yet finished securing our work product and data. Jeff will want access on Monday beginning at 9 a.m. If there are no further issues with the workstation we believe that we should be able to complete securing our data by Monday. If that is the case we will want to remove our defense privileged media which will only contain non-contraband work product and data from the FBI offices which we understand will be reviewed by the government for compliance with the Walsh Act before leaving the building. Will the government agree in writing that ■ will have no direct or indirect contact with and will not report or communicate in writing or orally to any of the involved case agents in this case or the prosecution team regarding what he observes when reviewing privileged defense work product and data the only exception being if he believes he has identified a CSAM image on the defense media device he is reviewing to assure compliance with the Walsh Act? Assuming the answer is in the affirmative, then we will be prepared to resume our forensic exam at the RCFL in Philadelphia. We trust the government can have all the digital evidence in this case transferred to the RCFL within 24 to 48 hours as previously indicated to the court was possible. Since the government has articulated that it does not want to slow us down, please instruct Director Tanzola that he can communicate directly with Jeff so that scheduling can be done efficiently. That would be quite helpful. Regards, Robert M. Herz Law Offices of Robert Herz, P.C. The Seventh & E Building 431 West Seventh Avenue Suite 107 Anchorage Alaska 99501 EFTA01656942