I don't think they can ask Mort where he got that form because I believe it was JB or passed to him from the A's. Attorney/PI privilege I think would apply. They weren't allowed to ask DC about anything during the time he worked for Casey.
Respectfully , if by they you mean LE or the State's attorney,I believe they can. Jose Baez got taken to SCHOOL about his very poor understanding of agency. Let me find that for you, it was hysterical!!! The state can serve Mort with a State Investigative subpoena and compel his answers to any questions about illegal activities. If he doesn't think so, he can call up Dom.
[ame="http://websleuths.com/forums/showpost.php?p=5199086&postcount=15"]Websleuths Crime Sleuthing Community - View Single Post - Dominic Casey: Motion to Strike Notice of Deposition & Motion for Protective Order#2[/ame]
Yes, the state may have asked for part of his LE interview to be sealed, the part that inspired the bar complaints made against Baez, it was...temporarily, iirc. However, the defense fought hard for Dom not to have to give sworn testimony, and so did Dominic's lawyer, Ms. Tennis.
[ame]http://www.youtube.com/watch?v=xAuXZ3jqJ70[/ame]
( minute 5:59 )
Ms. Tennis and the state argued the matter in front of Mr. Baez although Mr. Baez was rather confused indeed. He was asking the judge to ignore statutes. Even Ms. Tennis conceded that of course the state had every right to interview him under a state subpoena. The difference between that and a normal depo was that the defense lawyer would not be present. She was concerned about a transcript of his depo being released in discovery. Andrea was whispering "Jose,... Jose", trying to give him clues at that hearing, but I honestly do not think he understood the rules. Ms. Tennis argued that he should not have to testify period, due to privilege issues. Of course the state argued that none exist and they are not bound by any would be private confidentiality agreement. The judge concurred and told the state to go ahead with his depo with the time they had already scheduled.
Mrs. Drane Burdick had even called Baez in advance to inquire if he wanted to add Dom to his witness list. Everyone went above and beyond to try to give him clues. If one doesn't understand the rules, that is what the law library is for. When he shows up at hearings thoroughly unprepared, the judge cannot be blamed. The blame can be laid directly where the fault lies, the guy that spent two hundred seventy five thousand dollars without deposing Dominic, LE or FBI agents. You just can't make this stuff up!