It is "constructed from the harvesting tool rather than the material sought," he wrote in an e-mail message.
The comforting news is that none of the ghostwritten material sought to change the contents of the bill, which was not open to much revision during the debate.
Government lawyers refused to turn over much of the material sought by the A.C.L.U. because they said it involved sensitive security information or other material exempted from public disclosure.
While the government claims that the proposals are intended to protect the control principle that covers intelligence provided by foreign governments, the material sought in the Guantánamo case were mostly internal British government communications, and their disclosure caused grave embarrassment.
As you admit, this material sought not to change the contents of the health care reform bill, but rather to highlight areas where there was bipartisan support for the biotechnology industry.
Sitting in the court of appeal last year with Lord Justice Hooper and Lord Justice Toulson, Neuberger overturned rulings by two lower courts and ordered the release of material sought by this newspaper in the course of an extradition hearing.
A lawyer representing the Movement for Democratic Change, Chris Mhike, said that even if a last-minute ruling forced election officials to release the material sought, there would be no time to analyze the voting data and present it in the hearing on Saturday.
To obtain this imaginary material, seeking for the right preparation remains an obstacle.
Following the court's ruling the judge in the judicial review hearing will now decide the merits of the material sought.
The material sought included all letters, faxes, filenotes and emails between the Murray firm, of Charlotte Square, Edinburgh, and English solicitors Collyer Bristow.
