Epstein Secrets

Case 9:08-cv-80736-KAM Document 188 Entered on FLSD Docket 06/18/2013 Page 8 of 11 interests to outweigh the need for probative evidence."Jaffee v. Redmond, 518 U.S. 1, 9-19,116 S. Ct.1923, 135 L.Ed. 2d 337 (1996); Trammel v. United States, 445 U.S. 40, 47,100 S. Ct. 906, 63 L.Ed.2d 186 (1980). Recogn

nly whcn it would achieve a public good transcending the normally predominant principle of utilizing all rational means for ascertaining the truth, Adkins v. Christie, 488 F.3d 1324 (11" Cir. 2007), citing United States v. Nixon, 418 U.S. 683, 710, 94 S. Ct 3090, 3108, 41 L.Ed. 2d 1039 (1974)( privileg

ted 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 prevent disco

le of Evidence 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'. Mobi

ted 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 prevent disco

le of Evidence 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'. Mobi

d 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 prevent disco

of Evidence 501 is a mixed question of 7 EFTA00209638 Case: 13-12923 Date Filed: 04/18/2014 Page: 8 of 23 law and fact that we review de novo. Adkins v. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we review for clear error factual findings made by a district court. Morrissette-Brown v. Mo

ed 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 prevent disco

of Evidence 501 is a mixed question of 7 EFTA00209747 Case: 13-12923 Date Filed: 04/18/2014 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'. Mobil

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 recognized a

ed by reference to Fed. R. Evid. 501, which "empower[s] the federal courts to `continue the evolutionary development of [evidentiary] privileges.'" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The Supreme Court has recognized that