Epstein Secrets

he Court held that even "truthful responses of an innocent witness" may provide the Government with evidence that could be used against See Ohio v. Reiner, 532 U.S. 17, 21 (2000 (internal quotation marks omitted). 2 Id. (emphasis in original) (internal quotation marks omitted). DC: 6427118.1 EFTA0061

o demonstrate prior knowledge of requested subpoenaed documents, the act of producing those documents is testimonial. Two Supreme Court precedents, Fisher v. United States, 425 U.S. 391 (1976) and United States v. Hubbell, as well as Hubbell's progeny, United States v. Ponds, 454 F.3d 313 ( Cir. 2006

e taxpayer adds little or nothing to the sum total of the Government's information by conceding that he in fact has the papers." Id. In contrast to Fisher, a case in which investigators already knew that documents existed and exactly where they were located, the investigators in Hubbell lacked "any pri

ceedings." Edwin v. Price, 778 F.2d 668, 669 (11th Cir. 1985), citing Lefkowitz v. Turlev 414 U.S. 70, 77, 94 S.C. 316, 322 (1973). See also Ohio v. Reiner, 532 U.S. 17, 21, 121 S.Ct. 1252 (2001)(The Fifth Amendment privilege is also available to those who claim innocence. One of the Fifth Amendment's

poena (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 9:08-cv-80119-KAM Document 63 Entered on FLSD Docket 03/25/2009

t that the papers existed, were in his possession or control, and were authentic. United States v. Doe, 465 U.S., at 613, and n. 11, 104 S.Ct. 123T Fisher, 425 U.S., at 409-410, 96 S.Ct. 1569; id., at 428, 432, 96 S.Ct. 1569 (concurring opinions). See Braswell v. United States, 1487 U.S..'! at 104, 10

ceedings." Edwin v. Price 778 F.2d 668, 669 (11i' Cir. 1985), citing Lefkowitz v. Turley 414 U.S. 70, 77, 94 S.C. 316, 322 (1973). See also Ohio v. Reiner 532 U.S. 17, 21, 121 S.Q. 1252 (2001)(The Fifth Amendment privilege is also available to those who claim innocence. One of the Fifth Amendment's "b

ubpoena (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 Privilege Against Self-Incrimination, §138 (61h Ed.). The priv

that the papers existed, were in his possession or control, and were authentic. United States v. Doe. 465 U.S., at 613. and n. 11. 104 S.Ct. 1237; Fisher. 425 U.S., at 409-410. 96 S.Ct. 1569; id. at 428. 432. 96 S.Ct. 1569 (concurring opinions). See Braswell v. United States. [487 U.S..1 at 104, 108 S

eedings." Edwin v. Price, 778 F.2d 668, 669 (11th Cir. 1985), citin Lefkowitz v. Turley, 414 U.S. 70, 77, 94 S.C. 316, 322 (1973). See also Ohio v. Reiner, 532 U.S. 17, 21, 121 S.Ct. 1252 (2001)(The Fifth Amendment privilege is also available to those who claim innocence. One of the Fifth Amendment's

ubpoena (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 Privilege Against Self-Incrimination, §138 (6th Ed.). The priv

that the papers existed, were in his possession or control, and were authentic. United States v. Doe, 465 U.S., at 613, and n. 11, 104 S.Ct. 1237. Fisher, 425 U.S., at 409-410. 96 S.Ct. 1569; id., at 428, 432, 96 S.Ct. 1569 10 EFTA00234830 causesabeftemenmisn R9seurniitilit51712 EngigMergrl-PPRP098

ceedings." Edwin v. Price 778 F.2d 668, 669 (11i' Cir. 1985), citing Lefkowitz v. Turley 414 U.S. 70, 77, 94 S.C. 316, 322 (1973). See also Ohio v. Reiner 532 U.S. 17, 21, 121 S.Q. 1252 (2001)(The Fifth Amendment privilege is also available to those who claim innocence. One of the Fifth Amendment's "b

ubpoena (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 Privilege Against Self-Incrimination, §138 (61h Ed.). The priv

that the papers existed, were in his possession or control, and were authentic. United States v. Doe. 465 U.S., at 613. and n. 11. 104 S.Ct. 1237; Fisher. 425 U.S., at 409-410. 96 S.Ct. 1569; id. at 428. 432. 96 S.Ct. 1569 (concurring opinions). See Braswell v. United States. [487 U.S..1 at 104, 108 S