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Former FBI Director William S. Sessions and former lawyer for the late Senator Ted Stevens, Robert M. Cary, have co-authored an opinion editorial in The Washington Times calling on Congress to enact legislation that establishes a prosecutor’s duty to disclose all information,  whether admissible or not, that could be considered favorable to a defendant  during legal proceedings.

Though the authors at times play down the frequency of intentional prosecutorial misconduct in relation to the withholding of exculpatory evidence, they do concede that Brady violations happen far more often than the public is aware. They highlight the victimization of defendants that occurs when Brady material is not disclosed – whether that non-disclosure is later discovered or not – and call for Congress to provide clear standards for federal prosecutors that will prevent unintended Brady violations.

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