224-01.pdf

EXHIBIT A PRIVILEGE LOG – WITH VICTIMS’ OBJECTIONS  Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 1 of 70 Page 1 of 69 PRIVILEGE LOG – WITH VICTIMS’ OBJECTIONS Key to Objections (linking to Victims’ Motion to Compel Production of Docments that Are Not Privileged) Objection General Objections -- Abbreviation Inadequate Privilege Log Inadequate Log Failure to Prove Factual Underpinnings of Privilege Claim No Factual Underpinnings Waiver of Confidentiality Waiver Government’s Fiduciary Duty to Crime Victims Bars Privilege Fiduciary Duty Communications Facilitating Crime-Fraud-Misconduct Not Covered Crime-Fraud-Misconduct Factual Materials Not Covered Factual Materials Documents Not Prepared in Anticipation of CVRA Litigation Not in Anticipation of Litigation Attorney Client Objections - Ordinary Governmental Communications Not Covered Ordinary Government Communication Attorney-Client Relationship Not Established No Attorney-Client Relationship Deliberative Process Objections - Privilege Not Properly Invoked Improper Invocation Final Decision Exempted from Privilege Final Decision Qualified Privilege Overridden By the Victims’ Need for the Documents Overriding Need Investigative Privilege - Privilege Not Properly Invoked Improper Invocation Qualified Privilege Overridden By the Victims’ Need for the Documents Overriding Need Work Product Doctrine No Work Product Doctrine in the Context of a Claim Against Public Prosecutors Claims Against Public Prosecutor Qualified Privilege Overridden By the Victims’ Need for the Documents Overriding Need Work Production Privilege Does No Apply When the Attorney’s Conduct is at Issue Attorney Conduct at Issue Rule 6(e) Court-Authorized Disclosure Not Covered Under Rule 6(e)(3)(E) Court Authorized Under 6(e)(3)(E) The Court Has Inherent Power to Release Grand Jury Materials Court Inherent Power to Release Victims Have Properly Petitioned for the Release of Grand Jury Proper Victim’s Petition The CVRA Gives the Court Authority to Release Grand Jury Materials CVRA-authorized release Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 2 of 70 Page 2 of 69 Grand Jury Materials Can Be Severed from Other Materials Material Severable The Privacy Rights of Other Victims Government Redaction Can Resolve Privacy Concerns Redaction No Assertion of Privacy Rights by Other Victims No Assertion by Victims Privacy Act The Privacy Act Does Not Apply to Court-Compelled Disclosures for Discovery Court-Compelled Disclosure Bates Range Description Privilege(s) Asserted Victims’ Objections Box #1 P-000001 thru P-000039 File folder entitled “CORR RE GJ SUBPOENAS” containing correspondence related to various grand jury subpoenas and attorney (Villafaña) handwritten notes 6(e) Work Product Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Claims Against Public Prosecutor; Overriding Need; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Overriding Need Box #1 P-000040 thru P-000549 Operation Leap Year Grand Jury Log containing subpoenas OLY-01 through OLY-81, correspondence and research related to enforcement of same, documents produced in response to some subpoenas; and attorney (Villafaña) handwritten notes 6(e) Work Product Contains documents subject to investigative privilege Also contains documents subject to privacy rights of victims who are not parties to this litigation Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable ; Redaction; No Assertion by Victims; Overriding Need Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 3 of 70 Page 3 of 69 Bates Range Description Privilege(s) Asserted Victims’ Objections Box #1 P-000550 thru P-000621 File folder entitled “Ritz Compact Flash SW” containing copies of a sealed search warrant application, warrant, and supporting documents 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims Box #1 P-000622 thru P-000693 File folder entitled “PNY Technologies Compact Flash SW” containing copies of a sealed search warrant application, warrant, and supporting documents 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims Box #1 P-000694 thru P-000781 File folder entitled “JE Corporations” containing attorney research on Epstein- owned corporations and prior litigation Work Product Contains information subject to investigative privilege Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Overriding Need Box #1 P-000782 thru P-000803 File folder entitled “Capital One” containing subpoena and correspondence 6(e) Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 4 of 70 Page 4 of 69 Bates Range Description Privilege(s) Asserted Victims’ Objections Box #1 P-000804 thru P-000854 File folder entitled “DTG Operations/Dollar Rent-a-Car” containing subpoena and responsive documents 6(e) Contains documents and information subject to investigative privilege Also contains documents and information subject to privacy rights of victims who are not parties to this litigation Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power