The whole ARCCA mess is not just about the mere deletion of 100 text messages, but rather has it's genesis in Trial 1 and how ARCCA were represented. The defence made a number of claims about the independence of ARCCA which turned out to be misrepresentations
1. ARCCA could not prep with the D before trial
2. ARCCA did not work for the defence and was not hired by them
3. ARCCA was not paid by the defence
Source
The Judge also allowed ARCCA to testify even though they did not comply with Rule 14 obligations re their data etc their report was based on, because DOJ would not allow it.
The Voir Dire yesterday illustrates that the relationship was much less independent than claimed, IMO. For instance Wolfe sent the D a QA doc of what to ask him.
So what does the Judge do for this trial? I think if this were a CW witness she'd probably strike them but I don't see that happening here. Does she just treat them as normal experts now, and allow Brennan free reign to impeach credibility?
I also think AJ will be sanctioned post trial. This is ridiculous behaviour from counsel and the second time he has been caught now.
The Judge will rightly be very angry with AJ, especially because she could have ruled against allowing ARCCA in T1 (no discovery). But I think she will put that aside.
MOO