Epstein Secrets

nfidential source and his unpublished interview therefore fell within the federal qualified privilege that governs non-confidential news material in the Second Circuit. Dist. Ct. Op. at 4 (quoting Gonzales v. NBC, 194 F.3d 29, 36 (2d Cir. 1999)). Applying the federal qualified privilege standard (which is signific

F.3d 62 (2d Cir. 1994) 13 Baxter v. Palmigiano, 425 U.S. 308 (1976) 21 Buttner v. Berg & Dorf, 138 ad 439, 525 MI.2d 858 (2d Dep't 1988) 19 Branzburg v. Hayes, 408 U.S. 665 (1972) 23 Brown & Williamson Tobacco CS E. v. Wigand, 1996 WL 350827 (Sup. Ct. OS Co. Feb. 28, 1996), affd, 228 ..2r1187,

Merriam-Webster Online (2010), /off-the-record ("`off-the-record': given or made in confidence and not for publication <off-the-record comments>"); Branzburg v. Hayes, 408 U.S. 665, 728 (1972) (Stewart J., dissenting) (defining "confidentiality" as "the promise or understanding that names or certain aspects of co

ages of litigation—"a court may properly permit modification of the order." Id. (citing In re "Agent Orange" Prod. Liab. Litig., 821 F.2d 139, 147 (2d Cir. 1987)); see also Allen v. City of New York, 420 F.Supp.2d 295, 301 (S.D.N.Y. 2006) (Mag. J. Gorenstein) (analyzing the differently-situated interes

such investigations it may compel the production of documentary evidence or the testimony of witnesses, as it deems necessary." Id. at 421-22; see Branzburg v. Hayes, 408 U.S. 665, 688 (1972) ("Although the powers of the grand jury are not unlimited and are subject to the supervision of a judge, the lon

to the defendant's continued newsgathering effectiveness of preserving the source's confidentiality." Id. at 596-98.5 Even in Circuits that, unlike the Second Circuit, have not recognized a federal reporter's privilege, the standards applicable under Rules 26 and 45 have resulted in rejection of private litigants

to non-party subpoenas in private civil disputes. Lee v. Department of Justice. 413 F.3d 53, 58 (D.C. Cir. 2005) (limiting "the applicability of the Branzburg precedent to the circumstances considered by the court in Branzburg-that is. the context of a criminal proceeding, or even more specifically, a gra

to the defendant's continued newsgathering effectiveness of preserving the source's confidentiality." Id. at 596-98.5 Even in Circuits that, unlike the Second Circuit, have not recognized a federal reporter's privilege, the standards applicable under Rules 26 and 45 have resulted in rejection of private litigants

to non-party subpoenas in private civil disputes. Lee v. Department of Justice. 413 F.3d 53, 58 (D.C. Cir. 2005) (limiting "the applicability of the Branzburg precedent to the circumstances considered by the court in Branzburg-that is. the context of a criminal proceeding, or even more specifically, a gra

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

pt for those persons 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 o

ers, Inc., Petitioners-Ap- pellees, v. UNITED STATES of America, Respondent-Appellant. No. 474, Docket 95-6119. United States Court of Appeals, Second Circuit. Argued Aug. 81, 1996. Decided Oct. 17, 1996. Government appealed from order en- tered in the United States District Court for the Eastern Distri

rom federalism and criminal cases; this investigation should have been enjoined if it lacked a reasonable basis or was initiated in bad faith. See Branzburg a Hayes, 408 U.S. 665, 699-701, 707-08, 92 S,Ct. 2646, 2665-2666, 2669-2670, 33 LEd.2d 626 (1972); Reporters Committee for Freedom of the Pre

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

pt for those persons 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 irrelevan