Epstein Secrets

eral law are "identical" to those under the applicable New York statute.— See Persky, supra. 2002 WL 31769704, at *3 (McKenna. J.). " Notably. Mr. Fisten claims he "wrote up a report memorializing what Rush had told me" shortly after his conversation with Mr. Rush (Fisten Aft*" I I) but chooses not to

kind of evidence that would justify a burden- some incursion on the Daily News' and Rush's newsgathering. See In re Application to Ouash Subpoena to Nat'l Broad. Co., 79 F.3d at 353 (rejecting lower court's conclusion that "because the material contained in the out-takes sought by Graco is solely in the hands

from an author that Daily News reporter George Rush had made a tape recording of Epstein discussing the sexual abuse of minor girls. The author told Fisten that Rush had played the tape for her and two other persons. The author concluded: "You've got to get that tape." Fisten then called Rush. Rush des

EFTA00728463 privilege protecting journalists' confidential sources but also a privilege that extends to nonconfidential materials. Gonzales v. Nat'l Broad. Co., Inc., 194 F.3d 29, 33 (2d Cir. 1999) ("Gonzales III").2 In the present case, Mr. Rush's source -- Mr. Epstein -- is not confidential: Mr. Rush

eral law are "identical" to those under the applicable New York statute.— See Persky. supra. 2002 WL 31769704, at *3 (McKenna. J.). " Notably. Mr. Fisten claims he "wrote up a report memorializing what Rush had told me" shortly after his conversation with Mr. Rush (Fisten Aft*" I I) but chooses not to

kind of evidence that would justify a burden- some incursion on the Daily News' and Rush's newsgathering. See In re Application to Ouash Subpoena to Nat'l Broad. Co., 79 F.3d at 353 (rejecting lower court's conclusion that "because the material contained in the out-takes sought by Graco is solely in the hands