Epstein Secrets

ts operation generally is unrestrained by the technical procedural and evidentiary rules governing the conduct of criminal trials." United States v. Calandra , 414 U.S. 338, 343 (1974). Courts are "mindful of the policy that `nowhere is the public's claim to each person's evidence stronger than in the con

would effectively insulate discoverable acts merely because they were enacted in the presence of an attorney.") (emphasis added). Just a month ago, the Second Circuit addressed this issue when a defendant tried to disqualify prosecutors who had seen four documents that the defense alleged were privileged. United

its operation generally is unrestrained by the technical procedural and evidentiary rules governing the conduct of criminal trials." United States I Calandra , 414 U.S. 338, 343 (1974). Courts are "mindful of the policy that `nowhere is the public's claim to each person's evidence stronger than in the con

would effectively insulate discoverable acts merely because they were enacted in the presence of an attorney.") (emphasis added). Just a month ago, the Second Circuit addressed this issue when a defendant tried to disqualify prosecutors who had seen four documents that the defense alleged were privileged. United

ts operation generally is unrestrained by the technical procedural and evidentiary rules governing the conduct of criminal trials." United States v. Calandra, 414 U.S. 338, 343 -10- EFTA00179109 (1974). Courts are "mindful of the policy that `nowhere is the public's claim to each person's evidence stro

ould effectively insulate discoverable acts merely because they were enacted in the presence of an attorney.") (emphasis added). Just a month ago, the Second Circuit addressed this issue when a defendant tried to disqualify prosecutors who had seen four documents that the defense alleged were privileged. -19- EF

S [5][6] Despite a grand jury's vaunted right to every man's evidence, it must, nev- ertheless, vesper a valid claim of privilege. United States . Calandra, 414 U.S. 338, 346, 94 S.Ct. 13, 38 L.Ed.2d 561 (1974). But the party who invokes the privilege bears the burden of establishing that it ap- plies

. Florida Bar No. 0042201 23 EFTA00177962 Page I of 55 Westlaw Page I 531 F.3d 197 (Cite as: 531 F.3d 197) United States Court of Appeals, Second Circuit. UNITED STATES America, Appellee, Donald FELL, Defendant-Appellant. Docket No. 06-2882-cr. Argued: June 27, 2007. Decided: June 27, 2008. Back

, 222 P.3d 925 (Cob. 2009) 10 People v. Mason, 989 P.2d 757 (Colo. 1999) 8 Smith v. Maryland, 442 U.S. 735, 740 (1979) passim United States v. Calandra, 414 U.S. 338 (1974) 6 United States v. Di Re, 332 U.S. 581 (1948) 6 United States v. Dionisio, 410 U.S. 1 (1973) 2, 15 United States v. Miller

would raise constitutional issues, and that principles of fairness mandated enforcement of the protective order." Id. The government appealed, and the Second Circuit affirmed. The Second Circuit was blunt in explaining the government's missteps: The government may not ... simply by picking up the telephone or wr