Epstein Secrets

tance where "the act of producing documents in response to a subpoena (or production request) has a compelled testimonial aspect." United States v. Hubbell, 530 U.S. 27, 36, 120 S.Ct. 2037, 2043 (2000); see also Fisher v. United States, 425 U.S. 391 (1976); McCormick on Evidence EFTA00222080 Case 9:0

-KAM Document 63 Entered on FLSD Docket 03/25/2009 Page 9 of 37 Jane Doe No. 2 v. Epstein Page 9 can be used at trial. Id; Pillsbury Company v. Conbov 495 U.S. 248, 103 S.Ct. 608 (1983). See also, Hubbell, supra, quoted above as to what is encompassed by the phrase "in any criminal case" contained

nces as here "the act of producing documents in response to a subpoena (or production request) has a compelled testimonial aspect." United States v. Hubbell 530 U.S. 27, 36, 120 S.Ct. 2037, 2043 (2000); see also Fisher v. United States, 425 U.S. 391 (1976); McCormick on Evidence, Title 6, Chap. 13. The

t trial. Id• Pillsbury Company 11 EFTA00222535 Case 9:08-cv-80119-KAM Document 65 Entered on FLSD Docket 03'25'2009 Page 12 of 15 Page 12 v. Conbov, 495 U.S. 248, 103 S.Ct. 608 (1983). 5se also, Hubbell, supra, as to what is encompassed by the phrase "in any criminal case" contained in the Fifth

nces as here "the act of producing documents in response to a subpoena (or production request) has a compelled testimonial aspect." United States v. Hubbell, 530 U.S. 27, 36, 120 S.Ct. 2037, 2043 (2000); see ado Fisher v. United States, 425 U.S. 391 (1976); McCormick on Evidence, Title 6, Chap. 13. The

convict the witness of a crime or could aid in the development of other incriminating evidence that can be used at trial. Id; Pillsbury Company v. Conbov, 495 U.S. 248, 103 S.Ct. 608 (1983). Certainly, if the USAO decides to prosecute EPSTEIN for an alleged violation of the NPA, it would undoubtedly

nces as here "the act of producing documents in response to a subpoena (or production request) has a compelled testimonial aspect." United States v. Hubbell 530 U.S. 27, 36, 120 S.Ct. 2037, 2043 (2000); see also Fisher v. United States, 425 U.S. 391 (1976); McCormick on Evidence, Title 6, Chap. 13. The

t trial. Id• Pillsbury Company 11 EFTA00067393 Case 9:08-cv-80119-KAM Document 65 Entered on FLSD Docket 03'25'2009 Page 12 of 15 Page 12 v. Conbov, 495 U.S. 248, 103 S.Ct. 608 (1983). 5se also, Hubbell, supra, as to what is encompassed by the phrase "in any criminal case" contained in the Fifth