Epstein Secrets

rivilege under Rule 501)." Substantial constitutional and policy considerations, viewed under "the light of reason and experience" as Rule 501 and Jaffee command, support a common-law privilege over Mr. Epstein's plea negotiation letters and emails. A. The Attorneys Relied Upon The Correct Legal Sta

gent than in other circuits. [DE 106 at 15]. The 1982 standard the plaintiffs accuse us of hiding was effectively overruled by the Supreme Court in Jaffee, a 1996 case we cited throughout our supplemental filing. Indeed, we referred to Jaffee as "perhaps the leading case addressing Rule 501 and the com

t did in subsection (3). There, Congress expressly provided for change-of-plea proceedings in federal court and "comparable state procedures." FED. R. EVID. 410(3). Congress did not provide for state court pleas in subsection (4) of the rule, and "where Congress includes particular language in one secti

merican Airlines had made "a compelling argument for recognition of a limited common law privilege for the ASAP materials." Id. at 1533. Relying on Jaffee, Judge Marcus found that he had the ability "to recognize new privileges, consistent with Rule 501 of the Federal Rules of Evidence, in cases arisin

y the constitutional right to effective assistance of counsel and the express language of Rule 410 and Federal Rule of Criminal Procedure 11(0. FED. R. EVID. 410 (discussions made EFTA00301859 during plea negotiations are "not, in any civil or criminal proceeding, admissible against the defendant who

merican Airlines had made "a compelling argument for recognition of a limited common law privilege for the ASAP materials." Id. at 1533. Relying on Jaffee, Judge Marcus found that he had the ability "to recognize new privileges, consistent with Rule 501 of the Federal Rules of Evidence, in cases arisin

the constitutional right to effective assistance of counsel and the express language of Rule 410 and Federal Rule of Criminal Procedure 11(0. FED. R. EVID. 410 (discussions made during plea negotiations are "not, in any civil or criminal proceeding, admissible against the defendant who .. . was a parti