Epstein Secrets

omitted). Although the Nixon Court did not decide whether this four-part test applies to subpoenas served on third-parties in particular, courts in the Second Circuit have almost unanimously applied Nixon to subpoenas served on third-parties. See, e.g., United States v. Pena, No. I5-CR- 551 (AJN), 2016 WL 8735699

in, J.), as amended (Feb. 20, 2008)—has suggested applying a different standard, and that standard has generally been rejected. See United States v. Bergstein, 16-CR-746 (PKC), 2017 WL 6887596, at '4 (S.D.N.Y. Dec. 28, 2017) (Castel, J.) ("'iT]he overwhelming majority of district courts in the Second Circ

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

the Government has various disclosure obligations. United States v. Cole, No. 19 Cr. 869 (ER), 2021 WL 912425, at *2 (S.D.N.Y. Mar. 10, 2021); see Bergstein, 2017 WL 6887596, at *3. Finally, the Government has standing to challenge subpoenas that call for its own communications. See United States v. Cart

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

) (alterations omitted) (quoting United States v. Giampa, No. 92 Cr. 437 (PKL), 1992 WL 296440, at *1 (S.D.N.Y. Oct. 7, 1992)); see United States v. Bergstein, No. 16 EFTA00022030 --- PAGE BREAK --- Page 5 Cr. 746 (PKC), 2017 WL 6887596, at *2-*3 (S.D.N.Y. Dec. 28, 2017) ("Preventing the undue harassm