David was finally able to get his lawyer to understand he was not taking any "deal or non prosecution agreement' no matter good and to file his motion to suppress the unjust search warrant. 

His lawyer says it's not worth the risk and we don't know what evidence the judge will let us present and something about the judge making judicial notice of issues could complicate his defense.  Oh plus it will cost around another $50,000 to go to trial with additional firearms attorney co-defense and expert witnesses and only then is the prosecutor likely to "dismiss" the case when David finally turns down his last offer to make a deal right before trial. 

These ATF secret regulations are not about truth or justice, but whose attorney will outsmart other the other attorney and the judge just plays referee so the attorneys play by complicated rules normal people can't understand and then everyday people get intimidated or scared of extreme penalties too make questionable deals with prosecutors they don't fully understand.

The judge denied David's Brady Demand for all ATF communications, bulletins, etc. on inline filters, solvent filters, silencers and suppressors.  However the judge did make AUSA give us public released information from ATF/CBP on those items and all the AUSA gave us was an article from May 13 2022 and a seized website: 

CBP and ATF conduct a search and provide the following:

“any information released to the public/public announcements providing instruction or commentary from December 2017 through December 2020 regarding:  (1) solvent traps and whether they may be considered firearms under the NFA; (2) modification of solvent traps and at what point such modification makes a solvent trap a silencer under the NFA, (3) any public guidance CBP provided on the issue of solvent traps and their potential illegality or legality.  This would include, but is not limited to, web postings, letters to the public, public service announcements, and paper bulletins sent to firearms dealers or the general public.”   

ATF replied with the following:

Per ATF, no other responsive documents were found aside from the website below,

Seized Website | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov)

https://www.atf.gov/denver-field-division/seized-website

CBP replied with the following:

Per CBP, the only public facing information that the client was aware of concerning the solvent traps is this news report, although this was not published or issued by CBP,

Federal operation nabs nearly 43,000 illegal gun silencers shipped from China (nbcnews.com)

https://www.nbcnews.com/news/us-news/illegal-gun-silencers-china-rcna28505

AUSA own Brady Demand response now acknowledges it's not reasonable for a person to know the legality of these: 
"ATF has expertise with firearms far beyond an objectively reasonable person, so any internal technical memorandum explaining the nature of solvent traps and analyzing their component parts to conclude whether it is a silencer as a matter of law is irrelevant to what a reasonable person would believe the statute proscribes. The essential question is the Defendant’s intent, which internal technical documents would not address." 

Anyway David thought he was going to get a "Franks Hearing" to prove ATF and HSI lied on search warrant but his lawyer says judge just want a motion to suppress hearing.  It looks really hopeful as the AUSA in his own Brady Response stated that inline filters/solvent filters are not inherently illegal unless you have intent to use them in illegal manner!  Which of course David had no illegal intent and no intent was even discussed in the search warrant application.  

Hopefully David's judge see his evidence and rules the search warrant application similar to the NY silencer case:
“The choice of words used by the police in the application were persuasive and wrong,” Justice Christopher J. Burns wrote in his Jan. 14 decision. “As a result, this court must find there was a reckless disregard for the true nature of the item and must suppress any items recovered through the search warrant.”

The lawyers seem to have accepted David will not take any nonprosecution agreement and is making this issue his mission to prove his complete innocence and Operation Silent Night unconstitutional.  

David said the court docket shows the government added 2 additional lawyers to assist the prosecution team.  

His lawyer is suppose to refile their Brady Demand for defense discovery materials this week.

Last line of search warrant probable cause:

12. The suppressors that are the subject of this investigation are marketed on the Internet as items purportedly unrelated to firearms, such as “solvent traps,” solvent trap accessories,” or “dry storage container,” among other names. However, these deceptive advertisements sometimes include an “NFA Warning” or a legal disclaimer regarding the use or modification of these devices. The inclusion of these disclaimers or statements, as well as customer comments and reviews, suggests that the sellers and buyers are aware of the nature and actual and intended use of the items.

(possible typos from OCR software)

(Left out lines 13-19 which are shipments/addresses/Phone numbers/tracking numbers and David is not an FFL and had no form 1)