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ersons protected by a constitutional, common-law or statutory privilege, . . . is particularly applicable to grand jury proceedings." Branzburg v. Hayes , 408 U.S. 665, 688 (1972) (citations omitted). In R. Enterprises , the Supreme Court held that subpoenas cannot be quashed on the basis of irreleva
ry Matter No. 91-01386 , 969 F.2d 995, 997 (11th Cir. 1992) (citation omitted). In United States v. Legal Servs. for New York City , 249 F.3d 1077 (D.C. Cir. 2001), the D.C. Circuit stated that "[c]ourts have consistently held that the general subject matters of clients' representations are not privilege
re decisions that generally rest in the prosecutor's discretion." United States v. Batchelder, 442 U.S. 114, 124 . . . (1979); see Bordenkircher v. Hayes, 434 U.S. 357, 364 . . . (1978). Fokker Services, 818 F.3d at 741. Accordingly, judicial authority is "at its most limited when reviewing the Execu
Furthermore, "a district judge must be careful not to exceed his or her constitutional role." United States v. Microsoft Corp., 56 F.3d 1448, 1462 (D.C. Cir. 1995). "When a judge assumes the power to prosecute, the number [of branches] shrinks to two." In re United States, 345 F.3d 450, 454 (7th Cir. 20
ccasions, the Supreme Court has discussed the breadth of the prosecutor’s discretion in deciding whether and whom to prosecute. In Bordenkircher v. Hayes, 434 U.S. 357 (1978), the Court considered the propriety of a prosecutor’s threat during plea negotiations to seek more serious charges against the
non-prosecution agreement or a related and similar mechanism, a deferred prosecution agreement. United States v. Fokker Servs. B.V., 818 F.3d 733 (D.C. Cir. 2016). These agreements “afford a middle-ground option to the prosecution when, for example, it believes that a criminal conviction may be diffic
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