Agents’ Links to ‘Racist’ Facebook Group Is Brady Material – Metropolitan News-Enterprise

Metropolitan News-Enterprise Tuesday, September 15, 2026 Page 4 Ninth Circuit: Agents Links to Racist Facebook Group Is Brady Material Opinion Reverses Conviction for Failure to Disclose, Rejects View That Government Is Not in Possession of Records in Light of Internal Investigations Into Controversial Forum By a MetNews Staff Writer The Ninth U.S. Circuit Court of Appeals yesterday reversed a conviction for illegal entry into the U.S. based on the prosecutors failure to turn over evidence relating to the testifying border agents membership and activity in a Facebook group known for hosting racist and sexist posts about migrants. Rejecting the prosecutors assertion that the government cannot be said to be in possession of records relating to the online forum, the court said that the fact that there have been Congressional hearings and internal investigations into the group is sufficient to trigger the obligations to turn over potentially exculpatory evidence under the 1963 U.S. Supreme court case of Brady v. Maryland and the discovery statute, Federal Rule of Criminal Procedure 16. Circuit Judge Ana de Alba authored the opinion, reciting that defendant Jaime Tovar-Duran argues that Brady and Rule 16 required the government to disclose which witnesses were involved in the Im
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