Epstein Secrets

, but we decline to draw an arbitrary line. The victims' argument has an ipse dixit quality—that is, because our Court has never before applied the Penman doctrine outside of the grand jury context, we should not do so now. But we must ask instead whether applying the doctrine here makes sense. 11 E

F.2d at 1004. Although Congress empowered the federal courts through Rule 501 to "continue the evolutionary development of testimonial privileges," Trammell. United States, 445 U.S. 40, 47, 100 S. Ct. 906, 910 (1980), we disfavor newly minted privileges, which "contravene the fundamental principle that

, but we decline to draw an arbitrary line. The victims' argument has an ipse dixit quality—that is, because our Court has never before applied the Penman doctrine outside of the grand jury context, we should not do so now. But we must ask instead whether applying the doctrine here makes sense. 11 E

F.2d at 1004. Although Congress empowered the federal courts through Rule 501 to "continue the evolutionary development of testimonial privileges," Trammell. United States, 445 U.S. 40, 47, 100 S. Ct. 906, 910 (1980), we disfavor newly minted privileges, which "contravene the fundamental principle that

, but we decline to draw an arbitrary line. The victims' argument has an ipse dixit quality—that is, because our Court has never before applied the Penman doctrine outside of the grand jury context, we should not do so now. But we must ask instead whether applying the doctrine here makes sense. 11 E

F.2d at 1004. Although Congress empowered the federal courts through Rule 501 to "continue the evolutionary development of testimonial privileges," Trammell. United States, 445 U.S. 40, 47, 100 S. Ct. 906, 910 (1980), we disfavor newly minted privileges, which "contravene the fundamental principle that