DOJ-OGR-00017762.jpg
575 KB
Extraction Summary
4
People
2
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
575 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal debate during the cross-examination of a witness named Jane. Attorney Ms. Menninger argues that attorney-client privilege was waived because a communication was shared with the government. In response, attorney Ms. Moe suggests questioning the witness about her motives and potential bias related to a civil case, as a way to proceed without directly challenging the privileged communication.
People (4)
| Name | Role | Context |
|---|---|---|
| MS. MENNINGER | Attorney |
Speaker in the transcript, arguing that attorney-client privilege has been waived.
|
| THE COURT | Judge |
Speaker in the transcript, presiding over the case and questioning the attorneys.
|
| MS. MOE | Attorney |
Speaker in the transcript, responding to the Court and suggesting an alternative line of questioning.
|
| Jane | Witness |
Mentioned in the header as the subject of the cross-examination ("Jane - cross").
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
| the government | government agency |
Mentioned as the entity to which a privileged communication was allegedly made, and with which a witness decided to c...
|
Timeline (1 events)
2022-08-10
A cross-examination of a witness named Jane, during which attorneys argue about the admissibility of questions related to attorney-client privilege.
Courtroom
Relationships (1)
The document centers on a discussion of the attorney-client privilege between a witness (identified as Jane) and her unnamed attorney.
Key Quotes (3)
"So you want to get to a communication between attorney and client. It's privileged, right? And you're arguing that it's been waived or what are you arguing?"Source
— THE COURT
(The judge clarifying Ms. Menninger's legal argument regarding attorney-client privilege.)
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Quote #1
"Yes, I'm arguing that it's been waived because it was communicated to the government."Source
— MS. MENNINGER
(Responding to the Court's question and stating the basis for her argument that privilege was waived.)
DOJ-OGR-00017762.jpg
Quote #2
"I think there would be no issue with a question about this witness's understanding of whether the outcome of this case would help in a civil case..."Source
— MS. MOE
(Proposing an alternative line of questioning to explore the witness's potential bias and motive without breaching attorney-client privilege.)
DOJ-OGR-00017762.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,425 characters)
Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 153 of 264
LC1VMAX5 Jane - cross
LC1VMAX5 Jane - cross
1 MS. MENNINGER: I mean, I could start with the
2 question of does she know whether her attorney shared that with
3 someone else, which is the waiver question, in my mind, anyway.
4 But the ultimate question I would like to get to is her
5 attorney told her that.
6 THE COURT: Right. So you want to get to a
7 communication between attorney and client. It's privileged,
8 right? And you're arguing that it's been waived or what are
9 you arguing?
10 MS. MENNINGER: Yes, I'm arguing that it's been waived
11 because it was communicated to the government.
12 THE COURT: Ms. Moe.
13 MS. MOE: Thank you, your Honor.
14 I think that question is a few moves down the
15 chessboard.
16 THE COURT: Could you pull up the microphone, please.
17 MS. MOE: Yes, your Honor.
18 I think there would be no issue with a question about
19 this witness's understanding of whether the outcome of this
20 case would help in a civil case or whether at the time she
21 decided to cooperate with the government and be interviewed she
22 thought that would help her get money in a civil case. That
23 would be just a question about whether she had bias and motive;
24 that wouldn't go to issues of attorney-client privilege about
25 her general understanding. I think the question becomes, if
2 question of does she know whether her attorney shared that with
3 someone else, which is the waiver question, in my mind, anyway.
4 But the ultimate question I would like to get to is her
5 attorney told her that.
6 THE COURT: Right. So you want to get to a
7 communication between attorney and client. It's privileged,
8 right? And you're arguing that it's been waived or what are
9 you arguing?
10 MS. MENNINGER: Yes, I'm arguing that it's been waived
11 because it was communicated to the government.
12 THE COURT: Ms. Moe.
13 MS. MOE: Thank you, your Honor.
14 I think that question is a few moves down the
15 chessboard.
16 THE COURT: Could you pull up the microphone, please.
17 MS. MOE: Yes, your Honor.
18 I think there would be no issue with a question about
19 this witness's understanding of whether the outcome of this
20 case would help in a civil case or whether at the time she
21 decided to cooperate with the government and be interviewed she
22 thought that would help her get money in a civil case. That
23 would be just a question about whether she had bias and motive;
24 that wouldn't go to issues of attorney-client privilege about
25 her general understanding. I think the question becomes, if
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017762
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