Epstein Secrets

e deceased sought mandamus to compel the U.S. attorney to investigate and prosecute the guards and administrators. The U.S. Court of Appeals for the Second Circuit reiterated the established rule that, incident to the separation of powers doctrine (the prosecutor being a member of the executive branch), courts

uesday, April 9, 2019 Contents Public Corruption 2 Cohen 2 Gatto 4 Civil Division 6 SILJ 6 FOIA 8 Securities and Commodities Fraud 10 Carton 10 Matters of Interest 12 Trump Renominates Judges and Lawyers to Fill 7 Federal Judge Positions in New York 12 The Exercise of Prosecutorial

t "this Program is entitled to confidentiality, privileges (mediation, settlement and all other pertinent privileges), S1 It is true that, in 1996, the Second Circuit held that Rule 408 "does not require exclusion of evidence relating to a civil settlement in a criminal trial." Manko v. United States, 87 F.3d 50,

No. 102)1 2, in Doe v. Indyke, 20 Civ. 484 (S.D.N.Y.). 5° Ex. A ¶ 14 ( Decl.). EFTA00078657 November 19, 2021 Page Thirteen United States v. Carton, No. 17 CR 680 (CM), 2018 WL 5818107, at *5 (S.D.N.Y. Oct. 19, 2018) (quashing subpoena seeking a "forbearance agreement," citing Rule 408). The do

tation marks omitted)); see also United States v. Skelos, No. 15-CR-317 (KMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), aff'd, 988 F.3d 645 (2d Cir. 2021) ("[A] criminal subpoena should not be used as 'a discovery device,' but instead should be used only as 'a mechanism for obtaining specific adm

the extent it should be produced, that production is governed by Rule 16, Rule 26.2, Brady, and Giglio, but not Rule 17. See, e.g., United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *4 (S.D.N.Y. Oct. 19, 2018) (rejecting a request for a personnel file because the BSF, Dkt. No. 191 at 5 ("Th

discovery in the broadest terms." Bowman Dairy Co. v. United States, 341 U.S. 214, 220 (1951); see also United States v. Purin, 486 F.2d 1363, 1368 (2d Cir. 1973) ("A subpoena duces tecum in a criminal case is not intended as a means of discovery."). Unlike the rules of civil procedure— permitting the is

tein, 2017 WL 6887596, at *3. Finally, the Government has standing to challenge subpoenas that call for its own communications. See United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *3 (S.D.N.Y. Oct. 19, 2018) (quashing a subpoena for communications with the Government).' The only way for

discovery in the broadest terms." Bowman Dairy Co. v. United States, 341 U.S. 214, 220 (1951); see also United States v. Purin, 486 F.2d 1363, 1368 (2d Cir. 1973) ("A subpoena duces tecum in a criminal case is not intended as a means of discovery."). Unlike the rules of civil procedure— permitting the is

tein, 2017 WL 6887596, at *3. Finally, the Government has standing to challenge subpoenas that call for its own communications. See United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *3 (S.D.N.Y. Oct. 19, 2018) (quashing a subpoena for communications with the Government).' The only way for