Epstein Secrets

n the meaning of the privilege.” United States v. Hubbell, 530 U.S. 27, 35-36 (2000). However, in certain i

LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE CC: The Honorable

ting assertions of fact or belief, because the creation of those documents was not ‘compelled’ within the meaning of the privilege.” United States v. Hubbell, 530 U.S. 27, 35-36 (2000). However, in certain instances, “‘the act of production’ itself may implicitly communicate ‘statements of fact.’” Id. For

ONE AND ORDERED in Chambers, in West Palm Beach Florida, this 4th day of March, 2010. LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE CC: The Hon. Kenneth A. Marra All Counsel of Record Case 9:08-cv-80119-KAM Document 480 Entered on FLSD Docket

n the meaning of the privilege.” United States v. Hubbell, 530 U.S. 27, 35-36 (2000). However, in certain i

LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE CC: The Honorable

n the meaning of the privilege.” United States v. Hubbell, 530 U.S. 27, 35- 36 (2000). However, in certain

LINNEA R. JOHNSON UNITED STATES MAGISTRATE JUDGE CC: The Honorable

ances where the act of producing documents in response to a subpoena or production request has a compelled testimonial aspect. See United States v. Hubbell, 530 U.S. 27, 35-36 (2000). Thus, where the existence or location of the requested documents are unknown, or where production would "implicitly aut

tein, Case No. 08- CIV-80119 MARRA/JOHNSON, in the United States District Court for the Southern District of Florida, United States Magistrate Judge Linnea R. Johnson found, "pin 2008, Epstein entered into a Non-Prosecution Agreement with the United States Attorney General's Office for the Federal Southern Distri

e act of production where, as here, it involves a self-incriminating testimonial communication or "a compelled testimonial aspect." United States v, Hubbell, 530 U.S. 27, 120 S.Ct. 2037 (2000)• Fisher v. United States, 425 U.S. 391 (1976); McCormick on Evidence, Title 6, Chap. 13. The Privilege Against

ida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80893-KAM Doe v. Epstein Assigned to: Judge Kenneth A. Marra Referred to: Magistrate Judge Linnea R. Johnson Lead case: 9:08-cv-80119-KAM Member case: (View Member Case) Case: 9:09-cv-80802-ICAM Cause: no cause specified Plaintiff Jane Doe V. Defenda