Epstein Secrets

s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication

o communicate his observations accurately and truthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality d

s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication

o communicate his observations accurately and truthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality d

to exist. With isthmian exceptions not pertinent here, the presence of third parties is sufficient to undermine the needed confidentiality. See 8 Wigmore, supra § 2311, at 601-03 & nn. 6-8 (collecting cases). So here: XYZ knew that third parties-representatives of Smallco- were participating in the

11 EFTA00177990 Page I of 17 Westlaw. Page 1 348 F.3d 16, 62 Fed. R. Evid. Serv. 1032 (Cite as: 348 F.3d 16) United States Court of Appeals, First Circuit. In re KEEPER OF THE RECORDS (GRAND JURY SUBPOENA AD- DRESSED TO XYZ CORPORATION). XYZ Corporion, Appellant, United States of America, Appellee.