DOJ-OGR-00017769.jpg
575 KB
Extraction Summary
5
People
2
Organizations
1
Locations
1
Events
2
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 argument about attorney-client privilege. An attorney, Ms. Menninger, argues that a portion of the privilege was waived, while another, Ms. Moe, states she is unprepared to respond. The judge ultimately rules that the issue is too complex to be decided on the spot and requires the parties to submit formal legal briefs on the matter.
People (5)
| Name | Role | Context |
|---|---|---|
| THE COURT | Judge |
Presiding over the case, questioning the attorneys and making rulings on procedural matters.
|
| Jane | Witness |
Mentioned in the header as the subject of a cross-examination ("Jane - cross").
|
| MS. MENNINGER | Attorney |
Arguing a point about a waiver of privilege to the court.
|
| MS. MOE | Attorney |
Responding to the court's question about the waiver issue, stating she needs to research and confer with Mr. Glassman.
|
| Mr. Glassman | null |
Mentioned by Ms. Moe as someone she needs to confer with regarding the privilege waiver issue.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
| government | government agency |
Mentioned as a party in the case that received a communication and objects to questions on privilege grounds.
|
Timeline (1 events)
2022-08-10
A discussion during a trial or hearing about the legal question of attorney-client privilege waiver concerning a witness named Jane.
Courtroom in the Southern District
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (2)
Ms. Moe states she needs to "confer with Mr. Glassman" about the legal issue of privilege, suggesting they are colleagues or co-counsel.
The discussion revolves around calling "her attorney" to testify about advice given to her, which is the subject of the privilege debate.
Key Quotes (3)
"So, first of all, as I've said before, you have to brief that. This is not enough. I haven't looked at any law on that question. You've put none before me. I made very clear you'd have to brief it. So we're not doing that today."Source
— THE COURT
(The judge's ruling that the issue of privilege waiver must be formally briefed before the court will consider it.)
DOJ-OGR-00017769.jpg
Quote #1
"Your Honor, having not had an opportunity to research it or consider it or confer with Mr. Glassman, who -- it's not my privilege to hold, so I can't speak to its waiver without researching the issue and conferring with Mr. Glassman."Source
— MS. MOE
(An attorney's response to the judge, stating she is unprepared to argue the waiver issue without further research and consultation.)
DOJ-OGR-00017769.jpg
Quote #2
"The government not infrequently objects to privilege grounds to questions during trial."Source
— THE COURT
(The judge's observation about the government's common practice of objecting based on privilege.)
DOJ-OGR-00017769.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,447 characters)
Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 160 of 264 571
LC1VMAX5
Jane - cross
LC1VMAX5
Jane - cross
1 evidence that could be put on extrinsically, specifically, her
2 attorney's testimony.
3 THE COURT: So you want to then call her attorney and
4 ask her attorney if he told her, advised her that if she
5 participated in this case, she would -- it would help her in
6 the civil case.
7 MS. MENNINGER: Right. Because that is the only
8 portion that was waived. That's what he -- whatever he
9 communicated to the government is what was waived. I don't
10 think he's waived -- I'm not arguing for subject matter waiver,
11 for example.
12 THE COURT: So, first of all, as I've said before, you
13 have to brief that. This is not enough. I haven't looked at
14 any law on that question. You've put none before me. I made
15 very clear you'd have to brief it. So we're not doing that
16 today.
17 MS. MENNINGER: No, I understand, your Honor.
18 THE COURT: Ms. Moe, what's your response to the
19 waiver question?
20 MS. MOE: Your Honor, having not had an opportunity to
21 research it or consider it or confer with Mr. Glassman, who --
22 it's not my privilege to hold, so I can't speak to its waiver
23 without researching the issue and conferring with Mr. Glassman.
24 THE COURT: The government not infrequently objects to
25 privilege grounds to questions during trial. So the government
2 attorney's testimony.
3 THE COURT: So you want to then call her attorney and
4 ask her attorney if he told her, advised her that if she
5 participated in this case, she would -- it would help her in
6 the civil case.
7 MS. MENNINGER: Right. Because that is the only
8 portion that was waived. That's what he -- whatever he
9 communicated to the government is what was waived. I don't
10 think he's waived -- I'm not arguing for subject matter waiver,
11 for example.
12 THE COURT: So, first of all, as I've said before, you
13 have to brief that. This is not enough. I haven't looked at
14 any law on that question. You've put none before me. I made
15 very clear you'd have to brief it. So we're not doing that
16 today.
17 MS. MENNINGER: No, I understand, your Honor.
18 THE COURT: Ms. Moe, what's your response to the
19 waiver question?
20 MS. MOE: Your Honor, having not had an opportunity to
21 research it or consider it or confer with Mr. Glassman, who --
22 it's not my privilege to hold, so I can't speak to its waiver
23 without researching the issue and conferring with Mr. Glassman.
24 THE COURT: The government not infrequently objects to
25 privilege grounds to questions during trial. So the government
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017769
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