Timothy O'Toole and Addy Schmitt* recently filed a brief on behalf of The Constitution Project and the Innocence Project urging the DC Circuit to require the U.S. Department of Justice (DOJ) to publicly disclose a prosecution playbook -- the Federal Criminal Discovery Blue Book -- that was written and distributed following a botched case against the late Alaska Senator Ted Stevens. The lawyers said the case implicated the public's ability to hold prosecutors accountable for their conduct in criminal cases. "The context in which DOJ created the Blue Book, in reaction to the public outcry following the unlawful prosecution of Senator Ted Stevens, and the manner in which DOJ has described and used the Blue Book, as a tool to educate prosecutors on their discovery obligations, are fatal to Appellees' argument that the Blue Book is exempt from disclosure."

*Former Miller & Chevalier attorney