DOJ-OGR-00018859.jpg
520 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
3
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
520 KB
Summary
This document is a court transcript from case 1:20-cr-00330-PAE, filed on August 10, 2022. An unidentified attorney argues for the record that certain materials are not privileged, citing three reasons: no communication was required, potential disclosure to the government would waive privilege, and the intent to communicate to a third party negates privilege from the start. The judge acknowledges the argument but states that the court had already sustained an objection based on privilege.
People (4)
| Name | Role | Context |
|---|---|---|
| MS. MOE | Attorney (implied) |
Responds to the court, stating, 'Not from the government, your Honor.'
|
| MR. EVERDELL | Attorney (implied) |
Responds to the court, stating, 'No, your Honor.'
|
| Mr. Pagliuca | Attorney (implied) |
Is addressed by the court regarding making a record on another issue.
|
| THE COURT | Judge |
Presides over the hearing, sustains a privilege objection, and addresses the attorneys.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| the government | Government agency |
Mentioned as a party to whom materials might be shown, which would cause them to 'lose any putative privilege'.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Identified as the court reporting service that created the transcript.
|
Timeline (1 events)
2022-08-10
An attorney makes a record arguing why certain materials are not privileged. The court confirms it sustained an objection on privilege and then addresses other attorneys present.
Courtroom in the Southern District (implied)
Locations (1)
| Location | Context |
|---|---|
|
Implied location of the court proceedings, as indicated by the name of the court reporting company.
|
Relationships (3)
Mr. Everdell addresses the court formally as 'your Honor'.
Mr. Pagliuca addresses the court formally as 'your Honor'.
Key Quotes (4)
"I don't believe that that's privileged because there is no communication required, number 1."Source
— Unidentified Speaker
(The first of three points made to argue against a claim of privilege.)
DOJ-OGR-00018859.jpg
Quote #1
"Number 2, in the event those materials are shown to the government in a meeting, they lose any putative privilege that they may have."Source
— Unidentified Speaker
(The second point arguing against a privilege claim, related to disclosure to the government.)
DOJ-OGR-00018859.jpg
Quote #2
"Number 3, to the extent that they're intended to be communicated to a third party, they are not privileged to begin with, even if they're not shown to the third party."Source
— Unidentified Speaker
(The third point arguing against a privilege claim, related to intent to disclose to a third party.)
DOJ-OGR-00018859.jpg
Quote #3
"Again, you might have been able to get there, but the question that you asked, I sustained on privilege."Source
— THE COURT
(The judge's response to the attorney's argument, clarifying the court's ruling.)
DOJ-OGR-00018859.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,502 characters)
Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 261 of 264 1702
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1 I'm just completing out the record here, which is the question
2 does not call for a privilege communication. It's a yes-or-no
3 answer. Yes, I was shown materials. I don't believe that
4 that's privileged because there is no communication required,
5 number 1.
6 Number 2, in the event those materials are shown to
7 the government in a meeting, they lose any putative privilege
8 that they may have.
9 Number 3, to the extent that they're intended to be
10 communicated to a third party, they are not privileged to begin
11 with, even if they're not shown to the third party. I believe
12 that's the status of the law and that's my record. Thank you.
13 THE COURT: Again, you might have been able to get
14 there, but the question that you asked, I sustained on
15 privilege.
16 Next, anything?
17 MS. MOE: Not from the government, your Honor. Thank
18 you.
19 MR. EVERDELL: No, your Honor.
20 THE COURT: Was there another issue you wanted to make
21 a record on, Mr. Pagliuca?
22 MR. PAGLIUCA: I don't think --
23 THE COURT: If it occurs to you, you can make it in
24 the morning.
25 MR. PAGLIUCA: Thank you, your Honor.
2 does not call for a privilege communication. It's a yes-or-no
3 answer. Yes, I was shown materials. I don't believe that
4 that's privileged because there is no communication required,
5 number 1.
6 Number 2, in the event those materials are shown to
7 the government in a meeting, they lose any putative privilege
8 that they may have.
9 Number 3, to the extent that they're intended to be
10 communicated to a third party, they are not privileged to begin
11 with, even if they're not shown to the third party. I believe
12 that's the status of the law and that's my record. Thank you.
13 THE COURT: Again, you might have been able to get
14 there, but the question that you asked, I sustained on
15 privilege.
16 Next, anything?
17 MS. MOE: Not from the government, your Honor. Thank
18 you.
19 MR. EVERDELL: No, your Honor.
20 THE COURT: Was there another issue you wanted to make
21 a record on, Mr. Pagliuca?
22 MR. PAGLIUCA: I don't think --
23 THE COURT: If it occurs to you, you can make it in
24 the morning.
25 MR. PAGLIUCA: Thank you, your Honor.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018859
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