Epstein Secrets

). Thus, if an item is not discoverable under Rule 16, a party cannot make it discoverable simply by subpoenaing it under Rule 17. United States v. Barnes, No. S9 04-CR-186 (SCR), 2008 WL 9359654, at *2 (S.D.N.Y. Apr. 2, 2008). To determine whether issuance of the subpoena is appropriate, the Court co

e Government's briefing regardless of standing as part of its duty to ensure that the subpoena meets the requirements of Nixon. See United States v. Bergstein, No. I6-CR-746 (PKC), 2017 WL 6887596, at *3 (S.D.N.Y. Dec. 28, 2017). But ex parte Rule 17(c) subpoenas are possible in some circumstances if just

). Thus, if an item is not discoverable under Rule 16, a party cannot make it discoverable simply by subpoenaing it under Rule 17. United States v. Barnes, No. S9 04-CR-186 (SCR), 2008 WL 9359654, at *2 (S.D.N.Y. Apr. 2, 2008). To determine whether issuance of the subpoena is appropriate, the Court co

e Government's briefing regardless of standing as part of its duty to ensure that the subpoena meets the requirements of Nixon. See United States v. Bergstein, No. I6-CR-746 (PKC), 2017 WL 6887596, at *3 (S.D.N.Y. Dec. 28, 2017). But ex parte Rule 17(c) subpoenas are possible in some circumstances if just

such requests' because the relaxed Tucker standard is not prevailing law of the Circuit.") (quoting Pena, 2016 WL 8735699, at *1); United States v. Barnes, 2008 WL 9359654, at '3 (S.D.N.Y. April 2, 2008) (Robinson, J.) ("Though the Tucker Court found this relaxed standard appropriate, it is not the pr

in, J.), as amended (Feb. 20, 2008)—has suggested applying a different standard, and that standard has generally been rejected. See United States v. Bergstein, 16-CR-746 (PKC), 2017 WL 6887596, at '4 (S.D.N.Y. Dec. 28, 2017) (Castel, J.) ("'iT]he overwhelming majority of district courts in the Second Circ

). Thus, if an item is not discoverable under Rule 16, a party cannot make it discoverable simply by subpoenaing it under Rule 17. United States v. Barnes, No. S9 04-CR-186 (SCR), 2008 WL 9359654, at *2 (S.D.N.Y. Apr. 2, 2008). To determine whether issuance of the subpoena is appropriate, the Court co

e Government's briefing regardless of standing as part of its duty to ensure that the subpoena meets the requirements of Nixon. See United States v. Bergstein, No. I6-CR-746 (PKC), 2017 WL 6887596, at *3 (S.D.N.Y. Dec. 28, 2017). But ex parte Rule 17(c) subpoenas are possible in some circumstances if just

not intended to provide a means of discovery for criminal cases." United States v. Nixon, 418 U.S. 683, 698 (1974); see also, e.g., United States v. Barnes, 560 F. App'x 36, 39 (2d Cir. 2014) ("Rule 17 subpoenas are properly used to obtain admissible evidence, not as a substitute for discovery."); Unit

Defendant can therefore procure from the Government. Thus, a Rule 17(c) subpoena to BSF for those documents is improper. See, e.g., United States v. Bergstein, No. 16 Cr. 746 (PKC), 2017 WL 6887596, at *5 (S.D.N.Y. Dec. 28, 2017) ("When `many' of the subpoenaed materials are obtainable through the discove

). Thus, if an item is not discoverable under Rule 16, a party cannot make it discoverable simply by subpoenaing it under Rule 17. United States v. Barnes, No. S9 04-CR-186 (SCR), 2008 WL 9359654, at *2 (S.D.N.Y. Apr. 2, 2008). To determine whether issuance of the subpoena is appropriate, the Court co

e Government's briefing regardless of standing as part of its duty to ensure that the subpoena meets the requirements of Nixon. See United States v. Bergstein, No. I6-CR-746 (PKC), 2017 WL 6887596, at *3 (S.D.N.Y. Dec. 28, 2017). But ex parte Rule 17(c) subpoenas are possible in some circumstances if just