Epstein Secrets

has observed that the executive branch "has exclusive authority and absolute discretion to decide whether to prosecute a case," United States v. Nixon, 418 U.S. 683, 693, 94 S.Ct. 3090, 41 L.Ed2d 1039 (1974), and the Gov- ernment therefore argues that courts lack jurisdiction to enjoin a criminal

available and adequate remedy at law. Specifically, he may assert his present claims as well as any O 2007 Thomson/West. No Claim to Orig. US Gov. Works. https://web2.westlaw.com/print/printstream.aspx?sr=Full&prft=HTMLE&mt=FederalGo... 12/27/2007 EFTA00191809 Page 2 of 2 Not Reported in F.Supp.2

disclosure, the work product doctrine should not be "expansively construed" because it is in "derogation of the search for truth." United States I, Nixon, 418 U.S. EFTA00177850 683, 710 (1974). Law Offices is not the only case to cast doubt on Sporck. See generally P. Grady, Discovery of Computer

o 7-15-11 Westlaw. (C) 2011 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. END OF DOCUMENT @ 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 2of2 EFTA00177877 Case 9:08-cv-80736-KAM Document 93 Entered on FLSD Docket 09/02/2011 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DIST

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-

Review 110XXIV(N) Discretion of Lower Court 110k1153 Reception and Admiss- ibility of Evidence O 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.westlaw.com/print/printstream.aspx?pbc=C6E6EBE9&destination=atp&utid=... 9/26/2011 EFTA00177963 Page 3 of 55 Page 3 531 F.3d 197

ch as using records "to gratify spite or promote scandals" or where files might serve "as reservoirs of libelous statements for press consumption." Nixon v. Warner Commcins, Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); see also Amodeo II, 71 F.3d at 1051 (internal quotation marks an

Document C 20I X Thomson Reuters. No claim to original U.S. Government Works. WESTLAW O 2018 Thomson Reuters. No claim to original U.S. Government Works. 29 EFTA00020569