ELLIS, Judge
The matter is before the Court on the Government's April 19, 2002 Motion for a Protective Order Related Primarily to Defense Discovery Request Number Four.
In its motion, the government requests the entry of an order protecting from disclosure to the defense various classified documents filed by the government under seal, for an ex parte and in camera review. Specifically, the government contends that the classified documents filed as Attachments 2 through 5 to its April 19, 2002 motion, as well as a Supplemental Classified Attachment filed on April 22, 2002 and Two Additional Classified Documents filed on April 23, 2002, do not contain any material required to be disclosed to the defense under either Rule 16, Fed.R.Crim.P. or Brady v. Maryland, 373 U.S. 83 (1963). By Order dated April 30, 2002, the government's motion for a protective order was granted as to Attachment 2, as well as the Two Additional Classified Documents. See United States v. Lindh, Criminal No. 02-37-A (E.D. Va. Apr. 30, 2002) (Order). Thereafter, on May 1, 2002, the government's motion for a protective order was granted as to the Supplemental Classified Attachment. See United States v. Lindh, Criminal No. 02-37-A (E.D. Va. May 1, 2002) (Order).
The government has disclosed to the defense the classified documents filed as Attachments 1A and 1B.
Now, based on an independent, ex parte and in camera review of the classified documents filed as Attachment 3 to the government's April 19, 2002 motion for a protective order, it is clear that none of these documents contain any information that can reasonably be construed as either exculpatory under Brady or discoverable under Rule 16(a)(1), Fed.R.Crim.P.
Attachments 4 and 5 remain under review and an appropriate order will issue promptly upon completion of the Court's ex parte and in camera review of such documents.
Accordingly, for this reason, and for good cause shown, it is hereby ORDERED that the government's Motion for a Protective Order Related Primarily to Defense Discovery Request Number Four is GRANTED as to Attachment 3 to the April 19, 2002 motion.
Therefore, it is further ORDERED that the government is not required to disclose to the defense the documents contained in Attachment 3.
It is further ORDERED that the subject classified documents be (i) placed in an envelope marked as "Attachment 3 to the Government's Motion for a Protective Order Related Primarily to Defense Discovery Request Number Four," (ii) maintained as classified documents in accordance with the procedures set forth in the Classified Information Procedures Act, (CIPA), Title 18 U.S.C. Appendix 3, and in the Protective Order entered in this case on February 27, 2002, see United States v. Lindh, Criminal No. 02-37-A (E.D. Va. Feb. 27, 2002) (Protective Order) and (ii) maintained ex parte and under seal for appellate review, if necessary.
The Clerk is directed to send a copy of this Order to all counsel of record.