RENO — Government lawyers say an attorney for software engineer Dennis Montgomery shouldn’t be allowed to withdraw from his case against eTreppid Technologies until all documents in his possession containing military secrets are destroyed.
In a motion filed this week, the Department of Defense asks a judge to uphold a previous order by the director of national intelligence to assert the state secrets privilege in the legal battle between Montgomery and eTreppid over special software for national security reasons.
The motion asserts that Michael Flynn, Montgomery’s former lawyer, must not send any of the protected material to Montgomery’s new lawyer and must destroy any documents, including drafts of court filings, e-mails or memos that contain protected information, the Reno Gazette-Journal reported.
But in a response opposing the government, Flynn argued that the government released sensitive material when it raided Montgomery’s home last year in search of software source codes.
Montgomery claims that he owns the codes, while eTreppid owner Warren Trepp alleges that Montgomery stole them.
The legal wrangling involves allegations that Gov. Jim Gibbons took money and gifts from Trepp while Gibbons was in Congress in exchange for helping eTreppid secure lucrative defense contracts.
A federal grand jury is investigating.
Gibbons and Trepp deny any wrongdoing.