Epstein Secrets

endant. SUPPLEMENTAL BRIEFING OF INTERVENORS ROY BLACK, MARTIN WEINBERG, AND JAY LEFKOWITZ IN SUPPORT O

on FLSD Docket 04/17/2012 Page 10 of 23 A. "REASON AND EXPERIENCE" ARE THE TOUCHSTONES FOR ACCEPTING A COMMON LAW PRIVILEGE FOR PLEA NEGOTIATIONS Jaffee v. Redmond, 518 U.S. 1 (1996), is perhaps the leading case addressing Rule 501 and the common-law principles underlying the recognition of testimonial privileg

NITED STATES OF AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenors/Appellants ON APPEAL FROM A

dentiality on which defense counsel have reasonably relied for many decades in negotiating with government attorneys on behalf of their clients. In Jaffee v. Redmond, 518 U.S. 1 (1996), the Supreme Court focused on four primary considerations governing the recognition of privileges under Rule 501: the needs of t

n co-counsel, Miami criminal defense attorney Roy Black, will ask the Atlanta-based appeals court to rev

ge is rooted in the imperative for confidence and trust, the evidentiary benefit of the denial of the privilege, and any consensus among the states, Jaffee v. Redmond, 518 U.S. 1, 10-15 (1996)—but none of these considerations weighs in favor of recognizing a new privilege to prevent discovery of the plea negotiat

ll the arguments advanced by proposed intervenors Black, Weinberg, and Lefkowitz in their motion to inte

oof of guilt." Herman, 544 F.2d at 797. D. "REASON AND EXPERIENCE" ARE THE TOUCHSTONES FOR ACCEPTING A COMMON LAW PRIVILEGE FOR PLEA NEGOTIATIONS Jaffee v. Redmond, 518 U.S. 1, 5-6 (1996), is perhaps the leading case addressing Federal Rule of Evidence 501 and the common-law principles underlying the recognitio

l the arguments advanced by proposed intervenors Black, Weinberg, and Lefkowitz in their motion to inter

oof of guilt." Herman, 544 F.2d at 797. D. "REASON AND EXPERIENCE" ARE THE TOUCHSTONES FOR ACCEPTING A COMMON LAW PRIVILEGE FOR PLEA NEGOTIATIONS Jaffee v. Redmond, 518 U.S. 1, 5-6 (1996), is perhaps the leading case addressing Federal Rule of Evidence 501 and the common-law principles underlying the recognitio

ORDER grantin8/2i Motion for Extension of Time to File Response/Reply to supplemental briefing in support o£54, MOTION to Intervene of ii ?o, [11 ,Black,Mar i fisiaLi ejkowitz. Responsesdueby1011 011 0/2 . Signed by Judge on 9/28/2011. (ir) (Entered: 09282011) 09/29/2011 .121 Unopposed MOTION for

e admitted in evidence as proof of guilt." Herman, 544 F.2d at 797. Plea negotiations are "rooted in the imperative need for confidence and trust," Jaffee v. Redmond, 518 U.S. 1, 10 (1996), and maintaining their confidentiality advances significant public and private ends. Discovery and use of plea negotiations

e in Miami Beach, declined to comment but has asked that the documents be kept from public view, and so far they have been. Ina May 23 court filing, Black said that there was no conspiracy between prosecutors and Epstein’s team to violate the victims’ rights law and that the non-prosecution agreement co

ege is rooted in the imperative for confidence and trust, the evidentiary benefit of the denial of the privilege, and any consensus among the states, Jaffee v. Redmond, 518 U.S. 1, 10-15 (1996}—but none of these considerations weighs in favor of recognizing a new privilege to prevent discovery of the plea negotiatio

' MOTION FOR STAY PENDING APPEAL Intervenors Roy Black, Martin Weinberg, Jay Lefkowitz, and Jeffrey Epst

e admitted in evidence as proof of guilt." Herman, 544 F.2d at 797. Plea negotiations are "rooted in the imperative need for confidence and trust," Jaffee v. Redmond, 518 U.S. 1, 10 (1996), and maintaining their confidentiality advances significant public and private ends. Discovery and use of plea negotiations

their opposition to the intervention of attorneys Black, Weinberg, and Lefkowitz that Mr. Epstein "is th

n FLSD Docket 09/02/2011 Page 10 of 24 A. "REASON AND EXPERIENCE" ARE THE TOUCHSTONES FOR ACCEPTING A COMMON LAW PRIVILEGE FOR PLEA NEGOTIATIONS Jaffee v. Redmond, 518 U.S. 1 (1996), is perhaps the leading case addressing Rule 501 and the common-law principles underlying the recognition of testimonial privileg

ning over the documents. Epstein's attorney. Roy Black, the celebrity lawyer who is also representing Ju

lege is rooted in the imperative for confidence and trust, the evidentiary bit of the denial of the privilege, and any consensus among the states, Jaffee v. Redmond, 518 I. 10-15 (1996)—but none of these considerations weighs in favor of recognizing a new privilege to prevent discovery of the plea negotiations