Epstein Secrets

overt or covert, that the choice must in law be deemed to be that of the State.'" Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b

e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t

overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b

e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t

overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b

e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t

overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b

e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t

overt or covert, that the choice must in law be deemed to be that of the State.'" Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b

e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t