From: Sent: Monday, June 22, 2020 6:50 AM To: >; Su : o owing up (USANYS) Before this weekend's events, I was planning on writing an email proposing that you put together some very specific terms for an in-person interview that we can share with the Home Office and the police force which makes the first formal approach to the witness's solicitors. Most of the terms are already noted in the MLA request: who will be present, where it will take place (UK), whether it will be recorded or written, etc. What isn't covered is any kind of a description or agreement about confidentiality. Absent this, a MLA police interview will get hung up like your efforts at a voluntary interview. This weekend's events, which are troubling on many levels, also provide an opportunity in this case. Blackfords's and the witness's anger have been focused on your former USA's public statements. They may now have some greater confidence that they can rely on any statements of confidentiality. Or at least they can now save face by agreeing to an interview. In any event, given the history of this, I think absent a mutual agreement on confidentiality, this matter will get mired in litigation, and you may never get the interview. Here is a rough outline of what might be acceptable on confidentiality. This may give you heartburn, but I think it is the most expeditious way forward: Prior to the in-person interview: - An agreement that for a period lasting no longer than eight (8) weeks, neither the witness nor any person representing him will make any statement to anyone (other than counsel) about the plans for or terms of the interview. Likewise, the USDOJ agrees to make no public comment about the matter during this period. If an interview has not been concluded within eight weeks, this confidentiality agreement will not bar any further public or private comments on the matter. After an in-person interview: - If the witness makes a statement, both parties may confirm publicly or privately that: "the witness has provided a formal statement to law enforcement authorities in the United States about matters under investigation. Further comment would not be appropriate." Further comment by the witness or any person representing or speaking for him will void this agreement. - The content of witness's statement will be treated in the same manner as testimony taken before a Federal Grand Jury under Fed.R.Crim.P. 6(e). Among other things, unless used in connection with a criminal proceeding, required to be disclosed in connection with a criminal proceeding, or otherwise ordered disclosed by a court in the United States, the content of the statement will not be made public. Nothing in this agreement will bar any party from disclosing to a Court any communications related to setting up or executing the interview or the contents of the interview. Putting something like this together will pave the way for getting the interview done. Thanks, EFTA00101539

U.S. Department of Justice Attaché United States Embassy - London From the U.S.: <Material Witness PA 4.02 Final _ signed.pdf> EFTA00101540