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Even if the act of production were testimonial for purposes of Doe , production can be refused only if the act of production also is incriminating . Butcher , 753 F.2d at 469-70. In other words, the act of authentication is incriminating only if the documents are incriminating. As explained above, Epstei
jury. There, unlike here, the attorney properly appeared to testify and then asserted a claim of privilege in response to particular questions. The Seventh Circuit found that the following questions did not call for privileged communications: (1) Whom did you direct [in the search of documents responsive to the
Even if the act of production were testimonial for purposes of Doe , production can be refused only if the act of production also is incriminating . Butcher , 753 F.2d at 469-70. In other words, the act of authentication is incriminating only if the documents are incriminating. As explained above, Epstei
jury. There, unlike here, the attorney properly appeared to testify and then asserted a claim of privilege in response to particular questions. The Seventh Circuit found that the following questions did not call for privileged communications: (1) Whom did you direct [in the search of documents responsive to the
Even if the act of production were testimonial for purposes ofDoe, production can be refused only if the act of production also is incriminating. Butcher, 753 F.2d at 469-70. In other words, the act of authentication is incriminating only if the documents are incriminating. As explained above, Epstei
2001) (information regarding the receipt of attorney's fees is not protected). In Matter of Grand Jury Proceeding, 68 F.3d 193 (7th Cir. 1995), the Seventh Circuit discussed specific questions asked of an attorney during his testimony before the grand jury. There, unlike here, the attorney properly appeared to
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Alan Dershowitz
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