irreparable injury.” Gainesville Woman Care, LLC v. State ofFlorida, 210 So. 3d 1243, 1263 (Fla. 2017); see also Zerilli v. Smith, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that “the press’ function as a vital 16 CA/Aronberg-000132 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 2:57:43 PM NO

eparable injury." Gainesville Woman Care, LLC v. State of Florida, 210 So. 3d 1243, 1263 (Fla. 2017); see also Zerilli v. Smith, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that "the press' function as a vital 16 CA/Aronberg-000132 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 2:57:43 PM

computer files in the same format as they are currently maintained at the agency, pursuant to Burka v. Dept. of Health & Human Svcs., 87 F.3d 508 (D.C. Cir. 1996). As you know, providing documents electronically is cheaper than mailing hard copies. FEE WAIVER I respectfully request that you waive all f

computer files in the same format as they arc currently maintained at the agency. pursuant to Burka v. Dept. of Health & Human Svcs.. 87 F.3d 508 (D.C. Cir. 1996). As you know, providing documents electronically is cheaper than mailing hard copies. FEE WAIVER I respectfully request that you waive all

overnors of Fed. Reserve Sys., 464 F.2d 838, 841 (D.C. Cir. 1972). 85 150 Cong. Rec. 4269 (daily ed. Apr. 22

fra notes 163-66 and accompanying text. 32 18 U.S.C.A. 3771(a)(4) (West 2004 & Supp. 2005); see In re Kari Ann Jacobsen, 2005 U.S. App. LEXIS 13990 (D.C. Cir. 2005) (noting victim's right to be heard on pleas). DAVID SCHOEN HOUSE_OVERSIGHT_017732 --- PAGE BREAK --- Page 19 of 52 2005 B.Y.U.L. Rev. 835,

(‘this generous construction of agency rulemaking authority has become firmly entrenched”); Nat’! Petroleum Refiners Ass’n v. FTC, 482 F.2d 672, 686 (D.C. Cir. 1973) (“plain, expansive language” of the rulemaking grant at issue, together with the “‘broad, undisputed policies’ meant to be furthered by Congres

ne, food, and marijuana, and noting that 18 US.C. § 201 does not contain minimum monetary threshold); United States v. Williams, 216 F.3d 1099, 1103 (D.C. Cir. 2000) (affirming bribery conviction for $70 bribe to vehicle inspector); United States v. Traitz, 871 F.2d 368, 396 (3rd Cir 1989) (affirming bribery

653 F.3d 11 (D.C. Cir, 2011) ceeeceeeeeesnees Al-Adahi v. Obama, 131 S. Ct. 1001 (2011) cneesescsseesesneeesesneees Al-Adahi v. Obama, 613 F.3d 1102 (D.C. Cir. 2010) ee Al-Bihani v. Obama, 131 S. Ct. 1814 (2011) ..eeecssessesneeeseeneees Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir, 2010) ones Almog v. Arab B

dents, Fisher v. United States, 425 U.S. 391 (1976) and United States v. Hubbell, as well as Hubbell's progeny, United States v. Ponds, 454 F.3d 313 (D.C. Cir. 2006), inform the determination of whether a production of documents in response to a subpoena has a testimonial character. Fisher involved IRS inves

8 of 11 CASE NO: 08-CV-80119-MARRA/JOHNSON 580 (D.C. Cir. 1970). Given the sexual abuse allegations at stak

irreparable injury.” Gainesville Woman Care, LLC v. State ofFlorida, 210 So. 3d 1243, 1263 (Fla. 2017); see also Zerilli v Smith, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that “the press’ function as a vital 16 1 CA/Aronberg-000132 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/27/2023 2:57:43 PM

irreparable injury.” Gainesville Woman Care, LLC v. State ofFlorida, 210 So.3d 1243, 1263 (Fla. 2017); see also Zerilli v. Smith, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that “the press’s function as a vital source ofinformation is weakened whenever the ability ofjournalists to gather news is impaired,”

CTIVE 696232185v3 Gainesville Woman Care, LLC v. State of Florida, 210 So. 3d 1243, 1263 (Fla. 2017); see also Zerilli v. Smith, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that “the press’ function as a vital source of information is weakened whenever the ability of journalists to gather information is i

e here. In United States v. Ponds, 454 F.3d 313 (D.C. Cir. 2006), federal prosecutors sought information ab

2000); United States v. Ponds, 454 F.3d 313, 325 (D.C. Cir. 2006). Thus, while the Fifth Amendment covers s

or is a foregone conclusion. Fisher, 425 U.S. at 410; United States v. Hubbell, 530 U.S. 27, 44 (2000); United States v. Ponds, 454 F.3d 313, 325 (D.C. Cir. 2006). Thus, while the Fifth Amendment covers situations where the act of producing documents has “communicative aspects of its own wholly aside fr

Circuit has recently refused to extend the act of production doctrine on facts very similar to those here. In United States v. Ponds, 454 F.3d 313 (D.C. Cir. 2006), federal prosecutors sought information about possible crimes committed by a defense attorney in the course of representing a defendant in a

ension Ben. Guar. Corp., 744 F.2d 133, 145 & n.7 (D.C. Cir. 1984); DIRECTV Inc. v. Cignarella, No. Civ.A 03-

non-prosecution agreement or a related and similar mechanism, a deferred prosecution agreement. United States v. Fokker Servs. B.V., 818 F.3d 733 (D.C. Cir. 2016). These agreements “afford a middle-ground option to the prosecution when, for example, it believes that a criminal conviction may be difficu

ed, but simply forgot, to provide additional remedies beyond those already specified. Courts agree. See United States v. Monzel, 641 F.3d 528, 542 (D.C. Cir. 2011) (holding that the CVRA's "carefully crafted and detailed enforcement scheme," provides "strong evidence that Congress did not intend to autho

ding otherwise, but that case involved a venue statute presenting significantly different concerns. See United States v. Morgan, 393 F.3d 192, 200 (D.C. Cir. 2004). The Supreme Court has likewise held that a statute which uses the language "an offense that . . . involves fraud or deceit in which the loss