DOJ-OGR-00008369.pdf

--- Page 1 --- The Honorable Alison J. Nathan December 13, 2021 Page 6 Case 1:20-cr-00330-PAE Document 544 Filed 12/14/21 Page 6 of 9 Brad Edwards A U-Visa affords a special immigration status to victims of certain crimes, including sex crimes, who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.1 Because providing help to the government is a condition of eligibility for U-Visa, and because the government must support the individual's application by attesting to her being helpful, see 8 U.S.C. § 1101(a)(15)(U)(i); 8 U.S.C. § 1184(p), an alleged victim's desire for a U-Visa is powerful evidence of motive and bias. During cross-examination, however, Kate denied wanting a U-Visa or beginning the process of obtaining a U-Visa. TR at 1276. Material produced by the government, however, shows that Kate's attorney, Brad Edwards, provided a U-Visa application to the government on behalf of Kate during a proffer session. TR at 1285. (3513-045). Ms. Maxwell intends to question Mr. Edwards about this topic. There is nothing privileged about Mr. Edwards' providing a U-Visa application to the government on behalf of Kate. That testimony does not reveal a confidential communication between Mr. Edwards and Kate. See Erie, 473 F.3d at 419. But even if it did, Mr. Edwards' statements to the government during the proffer session and his act of providing the application on behalf of Kate amount to a waiver of whatever privilege that may have existed. See Fed. R. Evid. 502(a); Steinhardt Partners, 9 F.3d at 236; 1 McCormick on Evid., § 93. https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status (last visited Dec. 13, 2021).