Facebook attempts to use this email to show that Leader made a public disclosure to Wright Patterson on Apr. 2, 2001 without the protection of a non-disclosure agreement. Inventor Michael McKibben testified at trial that a Vincent Russo attended this meeting as WPAFB and signed an NDA on Apr. 2, 2001. Facebook's appeal Red Brief accused McKibben of inventing this "phantom NDA," however, the Congressional Record proves that McKibben testified truthfully. S. Hrg. 108-100.