Under another provision of Rule 16(a), the government also must provide the defendant with “any relevant written or recorded statement [made] by the defendant if ... the statement is within the government's possession, custody or control,” and the attorney for the government knows “or through due diligence could know” that the statement exists, regardless of whether the government intends to use the statement at trial. FED. R. CRIM. P. 16(a)(1)(B)(i). Interrogation by a “government agent” is not required, only knowledge and possession, custody, or control by “the government.” In the Court's view, “the government” includes any and all agencies and departments of the Executive Branch of the government and their subdivisions, not just the Justice Department, the FBI, the GSA-OIG, and other law enforcement agencies. See
United States v. Santiago, 46 F.3d 885, 893-94 (9th Cir.1995); United States v. Bryan, 868 F.2d 1032, 1036 (9th Cir.1989); cf.
United States v. Brooks, 966 F.2d at 1503. It does not, however, include a committee of the United States Senate (or the House of Representatives) because the Congress is a separate branch of the government and was not intended by the Rules writers to be included within Rule 16. Cf.
United States v. Trie, 21 F.Supp.2d 7, 25 n. 17 (D.D.C.) (“The Congress is not an ‘agency,’ and the DOJ has no obligation under Brady
to disclose information in the possession of Congress that is not also in the possession of the DOJ or [another Executive Branch agency].”)