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, 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
vilege. The intervenors concede too that the right to counsel under the Sixth Amendment had not yet attached when the correspondence was exchanged. Lumley'. City of Dade City, Fla., 327 F.3d 1186, 1195 (11th Cir. 2003) ("[T]he Sixth Amendment right to counsel ordinarily does not arise until there is a
, 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
vilege. The intervenors concede too that the right to counsel under the Sixth Amendment had not yet attached when the correspondence was exchanged. Lumley'. City of Dade City, Fla., 327 F.3d 1186, 1195 (11th Cir. 2003) ("[T]he Sixth Amendment right to counsel ordinarily does not arise until there is a
, 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
vilege. The intervenors concede too that the right to counsel under the Sixth Amendment had not yet attached when the correspondence was exchanged. Lumley'. City of Dade City, Fla., 327 F.3d 1186, 1195 (11th Cir. 2003) ("[T]he Sixth Amendment right to counsel ordinarily does not arise until there is a
Entities connected to both Penman and Lumley'

Jeffrey Epstein
PERSON
United States
LOCATIONJane Doe
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PERSONPerlman
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Bradley Edwards
PERSONDickson
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PERSONLoan Corp.
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PERSONLeon Black
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PERSONthe Southern District
LOCATIONO'Brien
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LOCATIONRoy Black
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