3 computers that were taken wires - pool cabana¶
I was Epstein’s I was¶
Dalia was still the attorney when the first discussion of search warrant occurred Hard files”-massages”-ranging files w/ “models” contents removed¶
EFTA00179234¶
$\textcircled{1}$ what does act of production priv cover?¶
production of items tending to incriminate¶
- if the act of producing establishes link in chain
$ \textcircled{2} $ only protects person making th production unless stands in shoes of Epstein¶
Fifth Amendment only bars compulsion of testimonial evidence -hardwriting samples, blood, DNA, breath, fingerprint¶
Break discussion into two parts¶
-computer equipment (requests¶
1 and 2)¶
-other items¶
-> no act of production privilege for these¶
$ \textcircled{1} $ What does act of production privilege cover a)production of items that tend to incriminate the subpoenaed party¶
EFTA00179235¶
Does the Attorney - Client privilege apply?¶
-privilege is not favored¶
-criteria for applying privilege¶
-Allen v. McGraw, 106 F.3d 582, 600 (4th Cir. 1997)¶
-the privilege protects only the attorney-client communication, not the underlying facts. Id. at 604 (citing Upjohn, 449 US at 395)¶
Party asserting work product doctrine or attorney-client privilege as a bar to discovery has the burden of establishing that either or both is applicable. Barclays American Corp. v. Kane, 746 F.2d 653, 656 (10th Cir. 1984) (extensive citations omitted)¶