Epstein Secrets

bly to delay the trial; and (4) that the application is made in good faith and is not intended as a general "fishing expedition." United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v. Skelos, 988 F.3d 645, 661 (2d Cir. 2021) (affirming a decision to quash subpo

g subpoena that "call[s] for the production of the entire investigative file and is accurately described as a fishing expedition"); United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980) ("[T]est for enforcement is whether the subpoena constitutes a good faith effort to obtain ident ed evidence rath

bly to delay the trial; and (4) that the application is made in good faith and is not intended as a general "fishing expedition." United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v. Skelos, 988 F.3d 645, 661 (2d Cir. 2021) (affirming a decision to quash subpo

g subpoena that "call[s] for the production of the entire investigative file and is accurately described as a fishing expedition"); United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980) ("[T]est for enforcement is whether the subpoena constitutes a good faith effort to obtain ident ed evidence rath

ule of Criminal Procedure 17(c)(2) permits the court to quash a subpoena "if compliance would be unreasonable or oppressive." Under United States v. Nixon, the party requesting the subpoena has the burden of showing "(1) that the documents are evidentiary and relevant; (2) that they are not otherwise

with the court reviewing these documents in camera and then disclosing any admissible documents only after the witness testifies. United States v. Cuthbertson, 630 F.2d 139, 145 (3d Cir. 1980) (affirming decision of district court requiring "pretrial production to the court" in order "to avoid unnecessary

subpoena should be quashed.' I. Applicable Law As the defendant acknowledges, she bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party seeking issuance of [a Rule 17(c)] subpoena must clear three hurdles:

d be treated identically to the specific requests for them, as discussed above. EFTA00090229 Page 8 rule as a discovery device." United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980); see Ulbricht, 858 F.3d at 109. Such an expedition is precluded by Nixon. 418 U.S. at 700. III. Conclusion For

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,

present systems of [*914] criminal justice." 7°? Indeed, 289 75 F.3d 1275, 1283-84 (8th Cir. 1996). 20 [dat £283. 291 Td. (citing United States v. Cuthbertson, 630 F.2d 139, 146 (3d Cir. 1980)). 292 548 A.2d 408, 415 (Vt. 1988). 293 Td. at 413. 294 Td. at 414-15. 295 Iq. 296 Fd. at 415. 297 Weatherford

subpoena should be quashed.' I. Applicable Law As the defendant acknowledges, she bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party seeking issuance of [a Rule 17(c)] subpoena must clear three hurdles:

ally to the specific requests for them, as discussed above. EFTA00010124 --- PAGE BREAK --- Page 8 rule as a discovery device." United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980); see Ulbricht, 858 F.3d at 109. Such an expedition is precluded by Nixon. 418 U.S. at 700. III. Conclusion For