Epstein Secrets

lege must be narrowly construed because it comes with substantial costs and stands as an obstacle of so to the search for truth. See United State Nixon, 418 U.S. 683, 709-10, 94 S. . 3090, 41 L.Ed.2d 1039 (1974). [91[101 The dimensions of the privilege itself are reasonably well honed. The priv-

based on the fact that the govern- ment presented evidence that de- fendant was a member of a gang that had committed violen and un- lawful acts); Wainwright . Lock- hart, 80 F.3d 1226, 1 4 (8th Cir.1996) (ruling that questioning of defendant on involvement in street gang "did not serve any prop- er reb

e proposal and accompanying note, I am concerned that the limits on subpoenas found in the United States Supreme Court's decision in United States v. Nixon 734 might be vitiated by a broad rule. To ensure courts consistently apply Nixon's substantive and procedural standards to victim-related subpoenas,

ermits the court in both civil and criminal cases to "request an attorney to represent any person unable to afford counsel." 49° And before Gideon v. Wainwright, *°° courts could request 45 Td. 46 Td. 47 Tn possible response to such concerns as I raise here, the Advisory Committee modified the Advisory Comm

quash subpoena directed to kidnapping victim's father for lack of materiality). 93 See Fed. R. Crim. P. 17(c)(Q). °4 See generally United States v. Nixon, 418 U.S. 683, 689 (1974). 95 See id. at 699. DAVID SCHOEN HOUSE_OVERSIGHT_017739 --- PAGE BREAK --- Page 26 of 52 2005 B.Y.U.L. Rev. 835, *879

nd criminal cases. 3!! While these cases do not directly involve [*913] appointment of counsel for crime victims, their principles 309 Cf. Gideon v. Wainwright, 372 U.S. 335, 344 (1963) (discussing "fairness" to the defendant as a reason for recognizing a right to appointed counsel). 310 150 Cong. Rec. S426