Epstein Secrets

erative need for confidence and trust, 3) the evidentiary benefit of the denial of the privilege, and 4) the consensus among the states." Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007). These factors all militate in favor of the recognition that there is a common law privilege for settlement/pl

tion. B. The Private Interests at Stake Are Profoundly Important. Plea negotiations are "rooted in the imperative need for confidence and trust," Jaffee, 518 U.S. at 10, and maintaining their confidentiality advances significant private as well as public interests. There is an "imperative need" that

ure, they will necessarily refrain from making admissions and concessions, either of fact or law, which could later harm their clients. Thus, as in Jaffee, the "evidence" which would be available for later discovery would likely never come into being. Fourth, there is a strong consensus in the states

gress rejected in enacting Rule 501, only one of which appears on this Court's summary in Adkins of the most important considerations identified in Jaffee - over the most important consideration, the strong public and private interests at stake. The Goodyear Tire analysis is far more consonant with th

dence 501 is a mixed question of 7 EFTA00209391 Case: 13-12923 Date Wit H4118/2014 Page: 8 of 23 law and fact that we review de novo. Adkins'. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we review for clear error factual findings made by a district court. Morrissette-Brown'. Mobile Infirmar

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' Redmond, 518 U.S. 1, 10-15, 116 S. Ct. 1923, 1928-31 (1996)—but none of these considerations weighs in favor of recognizing a new privilege to pre

dence 501 is a mixed question of 7 EFTA00209432 Case: 13-12923 Date Wit H4118/2014 Page: 8 of 23 law and fact that we review de novo. Adkins'. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we review for clear error factual findings made by a district court. Morrissette-Brown'. Mobile Infirmar

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' Redmond, 518 U.S. 1, 10-15, 116 S. Ct. 1923, 1928-31 (1996)—but none of these considerations weighs in favor of recognizing a new privilege to pre

3 law and fact that we review de novo. Adkins v. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we re

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, 116 S. Ct. 1923, 1928-31 (1996)—but none of these considerations weighs in favor of recognizing a new privilege to p

0), we disfavor newly minted privileges, which "contravene the fundamental principle that the public has a right to every man's evidence," Adkins'. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007) (quoting Univ. of Pa.'. EEOC, 493 U.S. 182, 189, 110 S. Ct. 577, 582 (1990)). "Accordingly, there is a presum

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'. Redmond, 518 U.S. 1, 10-15, 116 S. Ct. 1923, 1928-31 (1996)—but none of these considerations weighs in favor of recognizing a new privilege to pr

f law and fact that we review de novo. Adkins I. Christie, 488 F.3d 1324, 1327 (11th Cir.2007). But we re

hip, unlike the confiden- tial relationship of a doctor and patient or attorney and client, warrants no privilege beyond the terms of Rule 410. See Jaffee, 518 U.S. at 10, 116 S.Ct. at 1928. But the victims would enjoy an evidentiary benefit from the disclosure of plea negotiations to prove whether t

lopment of [evidentiary] privileges.'" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting T

be 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 interests. Numerous courts have r

elopment of [evidentiary] privileges!" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting T

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, 518 U.S. at 10, and maintaining their confidentiality advances significant public and private ends. Discovery and use of plea negotiations will ca