Epstein Secrets

rcement agency, any BOP records qualify as law enforcement records. But, as the Government cannot help but acknowledge, courts in this circuit—like the Ninth Circuit and the D.C. Circuit—have squarely rejected that per se approach, instead requiring a rational nexus to enforcement of a federal law. See Human Righ

ernors of the Fed. Reserve Sys., 601 F.3d 143 (2d Cir. 2010) 5, 6 Campbell v. Dep't of Health and Human Servs., 682 F.2d 256 (D.C. Cir. 1982) 9 Church of Scientology v. U.S Dep't of the Army, 611 F.2d 738 (9th Cir. 1979) 9 Cook v. Nat'l Archives & Records Admin., 758 F.3d 168 (2d Cir. 2014) 17 Ctr. for Inve

rcement agency, any BOP records qualify as law enforcement records. But, as the Government cannot help but acknowledge, courts in this circuit—like the Ninth Circuit and the D.C. Circuit—have squarely rejected that per se approach, instead requiring a rational nexus to enforcement of a federal law. See Human Righ

ernors of the Fed. Reserve Sys., 601 F.3d 143 (2d Cir. 2010) 5, 6 Campbell v. Dep't of Health and Human Servs., 682 F.2d 256 (D.C. Cir. 1982) 9 Church of Scientology v. U.S Dep't of the Army, 611 F.2d 738 (9th Cir. 1979) 9 Cook v. Nat'l Archives & Records Admin., 758 F.3d 168 (2d Cir. 2014) 17 Ctr. for Inve

, the Fourth Circuit found jurisdiction based on Perlman in a civil case, Mezu v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising under 28 U.S.C. §2255, United States v. Gonzalez, 669 F.3d 974, 977 n.2 (9th Cir. 2012), and in a civil case,

tely appealable final order because the third party presumably lacks a sufficient stake in the proceeding to risk contempt by refusing compliance." Church of Scientology v. United States, 506 U.S. 9, 18 n.11 (1992). The danger to the privilege holder — that privileged or confidential documents will be disclosed and

, the Fourth Circuit found jurisdiction based on Perlman in a civil case, Mezu v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising under 28 U.S.C. §2255, United States v. Gonzalez, 669 F.3d 974, 977 n.2 (9th Cir. 2012), and in a civil case,

tely appealable final order because the third party presumably lacks a sufficient stake in the proceeding to risk contempt by refusing compliance." Church of Scientology v. United States, 506 U.S. 9, 18 n.11 (1992). The danger to the privilege holder — that privileged or confidential documents will be disclosed and