Evidence gathered by Robert Mueller, the special counsel, was obtained by Russians and leaked online in an attempt to discredit his inquiry into Moscow's interference in USA politics, prosecutors said on Wednesday.
However, the government says it has provided Concord with the sensitive documents.
To wit, Mueller is making an assertion based on a tweet and a webpage - that now do not exist - to argue that it should not disclose further "sensitive" evidence to defendants in a Russiagate case.
"We maintain the highest levels of security and protection for all of our systems and their contents. A third-party vendor has hosted all such data and has assured us that there has been no breach of the database that maintains the data", Reed Smith said.
Specifically, the Mueller team claims that the evidence in question "identifies uncharged individuals and entities that the government believes are continuing to engage in operations that interfere with lawful USA government functions".
The evidence shared online was what prosecutors call "non-sensitive" and included information available elsewhere on the internet, like public posts that Concord's conspirators allegedly put on social media sites in 2016.
Under previous orders from the judge, sensitive material in the case is kept on its own system that is not connected to the internet. Somewhat confusingly, the filing argued that many other file names used a reference to the Relativity database, which the USA government "has not used" to store materials related to this case.
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Under a court protective order, sensitive evidence in the case must be reviewed by a USA government "firewall" counsel and then a judge must give permission before the evidence can be to any non-U.
Concord has argued the information sharing is needed to defend themselves in the case.
But the prosecutors have pushed back.
But Mueller said in his filing that doing so "unreasonably risks the national security interests of the United States".
The special counsel charged Concord Management past year with funding a multimillion-dollar social media disinformation campaign to bolster the presidential campaign of Donald Trump. Those documents were given in discovery - the legal process in which a defendant is given an opportunity to view the plaintiff's case against them - to Concord Management, LLC, the defendant in the infamous "Russian troll farm" case.
Concord has pleaded not guilty to a conspiracy charge related to a Russian operation of spreading political propaganda online to create rifts between American voters and sway support for Donald Trump in the 2016 presidential election.
Handing that information to Russians would allow their "country to learn of these techniques and adjust their conduct, thus undermining United States national security interests, including investigations into the conducts of these foreign actors", the filing said. Instead, prosecutors say individuals who had access to the evidence in the case may have spread it.