I think MN is asking for the extreme remedy ... knowing the Judge will compromise somewhere in the middle while avoiding appeal issues.
I really like that MN added a request to the Judge to not allow the release to the PUBLIC of ANY of the TES searcher names. That is what JB wants to do (along with doing background checks on every one of them). JB wants to find something resembling "dirt" on any of them and then shout it from the rooftops! JB wants to "Kronk" them!
So, even if Judge P. does allow the Defense to go ahead and review all 4,000 docs AGAIN, and tab some, and even if he releases any more than the 32 docs already given to the Defense, at least JB cannot do any sneaky stuff with the searcher's info PUBLICLY. If he tries to, he will get slammed by the Judge.