Epstein Secrets

plea from state court in federal proceeding). The victims intend to admit the correspondence to prove violations of the Act allegedly committed by the United States, not "against" Epstein. And even if rescission of the non-prosecution agreement abuts Epstein's interests, the purpose of the admission does not cha

o power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Fid. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil action to recover damage

a privilege); Krane, 625 F.3d at 572 (ruling that "Perlman and Mohawk are not in tension" when the claimant of a privilege is not a party). But see United States'. Copar Pumice Co., Inc., 714 F.3d 1197, 1207-09 (10th Cir. 2013) (holding that jurisdiction under the Perlman doctrine is limited to only the grand

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Fid. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil actio

plea from state court in federal proceeding). The victims intend to admit the correspondence to prove violations of the Act allegedly committed by the United States, not "against" Epstein. And even if rescission of the non-prosecution agreement abuts Epstein's interests, the purpose of the admission does not cha

ims intend to use the correspondence against the United States, not against Epstein. Rule 410 "create[s], in effect, a privilege of the defendant," United States' Mezzanatto, 513 U.S. 196, 205, 115 S. Ct. 797, 803 (1995) (internal quotation marks and alteration omitted), but not a privilege of non-disclosure

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Ficl. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil acti

plea from state court in federal proceeding). The victims intend to admit the correspondence to prove violations of the Act allegedly committed by the United States, not "against" Epstein. And even if rescission of the non-prosecution agreement abuts Epstein's interests, the purpose of the admission does not cha

ims intend to use the correspondence against the United States, not against Epstein. Rule 410 "create[s], in effect, a privilege of the defendant," United States' Mezzanatto, 513 U.S. 196, 205, 115 S. Ct. 797, 803 (1995) (internal quotation marks and alteration omitted), but not a privilege of non-disclosure

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Ficl. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil acti

: 1 of 25 No. 13-12923 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT JANE DOE NO. 1 AND JANE DOES NO. 2, Plaintiffs-Appellees I. UNITED STATES OF AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenor/Appellants INTERVENORS' RESPONSE TO MOTION TO DISMISS NON-PARTY INTERLOCUTORY APPEAL Roy Black

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

013 Page: 4 of 25 Miccosukee Tribe of Indians of Florida, 516 F.3d 1235 (11th Cir. 2008) Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009) Overby,. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) Perlman' United States, 247 U.S. 7 (1918) Rossi City of Memphis, 423 F.3d 596 (6th Cir.

: 1 of 25 No. 13-12923 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT JANE DOE NO. 1 AND JANE DOES NO. 2, Plaintiffs-Appellees I. UNITED STATES OF AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenor/Appellants INTERVENORS' RESPONSE TO MOTION TO DISMISS NON-PARTY INTERLOCUTORY APPEAL Roy Black

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

013 Page: 4 of 25 Miccosukee Tribe of Indians of Florida, 516 F.3d 1235 (11th Cir. 2008) Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009) Overby,. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) Perlman' United States, 247 U.S. 7 (1918) Rossi City of Memphis, 423 F.3d 596 (6th Cir.

unications from disclosure to third parties outside the negotiation process. 3. Whether this Court has jurisdiction of this appeal under Perlman v. United States, 247 U.S. 7 (1918). EFTA00209671 Case: 13-12923 Date Filed: 08/05/2013 Page: 16 of 75 STATEMENT OF THE CASE AND STATEMENT OF FACTS In Septembe

tomary practices of the defense and prosecution function, entitled to assume would remain confidential and would not be disclosed to third parties. See United States v. Deloitte UP, 610 F.3d 129, 141 (D.C.Cir. 2010)(court "examine[s] whether the disclosing party had a reasonable basis for believing that the reci

51 EFTA00209664 Case: 13-12923 Date Filed: 08/05/2013 Page: 9 of 75 Moulder v. State, 154 Ind. App. 248, 289 N.E.2d 522 (Ind. App. 1972) 43 Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) 55 *Perlman v. United States, 247 U.S. 7 (1918) passim Reichenbach v. Smith, 528 F.

v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising under 28 U.S.C. §2255, United States v. Gonzalez, 669 F.3d 974, 977 n.2 (9th Cir. 2012), and in a civil case, S.E.C. v. CMKM Diamonds, Inc., 656 F.3d 829, 830-31 (9th Cir. 2011); the Si

d by the work product privilege, it stopped short of advocating the recognition of a settlement/plea negotiation privilege under Rules 410 and 501. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100). The government's institutional interests differ significantly from t

," Opposition at 6, are the plaintiffs able to ignore the fact that the Eleventh Circuit cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found j

v. Morgan State University, 495 Fed. Appx. 286, 289 (4th Cir. 2012); the Ninth Circuit has applied Perlman in a case arising under 28 U.S.C. §2255, United States v. Gonzalez, 669 F.3d 974, 977 n.2 (9th Cir. 2012), and in a civil case, S.E.C. v. CMKM Diamonds, Inc., 656 F.3d 829, 830-31 (9th Cir. 2011); the Si

s," Opposition at 6, are the plaintiffs able to ignore the fact that the Eleventh Circuit cited Perlman n support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 244 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found j

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

t fifty years," Motion at 16, are the plaintiffs able to ignore the fact that this Court cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found

to Mr. Epstein's attorneys was produced to plaintiffs, not correspondence authored by Mr. Epstein's counsel during the course of the negotiations. See United States' Response to Supplemental Briefing in Support of Motion to Intervene (Doc. 100) at 2 ("To the knowledge of the government, the Jane Does have only r

t fifty years," Motion at 16, are the plaintiffs able to ignore the fact that this Court cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found