EFTA01188651Set 9
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President Obama's Morehouse Cotrunencement_Speech_TRANSCRIPT_May_19,_2013.p
df;
Obama_and_Nixon,_A_Historical_Perspective_Robert_F._Kennedy_k_NYT_May_20,201
3.pdf;
The_7_Craziest_Things_About_Apple_Tax_Avoidance ... this week in the New York Times, Robert F. Kennedy Jr. wrote — Obama and
Nixon: A Historical Perspective — that although Republicans, Democrats and all Americans
should be outraged ... gleeful Republican leadership is already calling for
impeachment and dragging out desperate comparisons to Nixon's Watergate. This, despite caveats
from its own sages not to overplay Republican good fortune
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EFTA00104686Set 9
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place prior to
trial to obtain and inspect evidentiary material. See United States v. Nixon, 418 U.S. 683, 698-99
(1974) (citing Bowman Dairy Co. v. United States ... subpoena is appropriate, the Court considers the
factors articulated in United States v. Nixon, 418 U.S. at 699-700. In Nixon, the Supreme Court
explained that in order to require ... through 5 all fail on the basis that they do not comply with Nixon's specificity
requirement. Requests 1 through 5 all target communications between "any" owner,
shareholder, partner
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EFTA00103815Set 9
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place prior to
trial to obtain and inspect evidentiary material. See United States v. Nixon, 418 U.S. 683, 698-99
(1974) (citing Bowman Dairy Co. v. United States ... subpoena is appropriate, the Court considers the
factors articulated in United States v. Nixon, 418 U.S. at 699-700. In Nixon, the Supreme Court
explained that in order to require ... through 5 all fail on the basis that they do not comply with Nixon's specificity
requirement. Requests 1 through 5 all target communications between "any" owner,
shareholder, partner
https://www.justice.gov/epstein/files/DataSet%209/EFTA00103815.pdf
EFTA00081405Set 9
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place prior to
trial to obtain and inspect evidentiary material. See United States v. Nixon, 418 U.S. 683, 698-99
(1974) (citing Bowman Dairy Co. v. United States ... subpoena is appropriate, the Court considers the
factors articulated in United States v. Nixon, 418 U.S. at 699-700. In Nixon, the Supreme Court
explained that in order to require ... through 5 all fail on the basis that they do not comply with Nixon's specificity
requirement. Requests 1 through 5 all target communications between "any" owner,
shareholder, partner
https://www.justice.gov/epstein/files/DataSet%209/EFTA00081405.pdf
EFTA00020298Set 8
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place prior to
trial to obtain and inspect evidentiary material. See United States v. Nixon, 418 U.S. 683, 698-99
(1974) (citing Bowman Dairy Co. v. United States ... subpoena is appropriate, the Court considers the
factors articulated in United States v. Nixon, 418 U.S. at 699-700. In Nixon, the Supreme Court
explained that in order to require ... through 5 all fail on the basis that they do not comply with Nixon's specificity
requirement. Requests 1 through 5 all target communications between "any" owner,
shareholder, partner
https://www.justice.gov/epstein/files/DataSet%208/EFTA00020298.pdf
EFTA00791869Set 9
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exercised in light of
the relevant facts and circumstances of the particular case." Nixon v. Warner
Commtans, Inc., 435 U.S. 589,599 (1978). The panel lacks the context and
familiarity ... discretion reposed in the district judge, contrary to the Supreme Court's
teaching in Nixon.
Reposing this discretion in the district court is founded on two principles.
One is that ... States v. Erie
Cty., N Y., 763 F.3d 235, 240 (2d Cir. 2014) (quoting Nixon, 435 U.S. at 598);
accord Newsday LLC v. County ofNassau, 730 F.3d
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EFTA00076468Set 9
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quash a subpoena "if
compliance would be unreasonable or oppressive." Under United States v. Nixon, the party
requesting the subpoena has the burden of showing "(1) that the documents ... general `fishing expedition.'" 418 U.S. 683, 699-700 (1974) (footnote omitted).
Although the Nixon Court did not decide whether this four-part test applies to subpoenas
served on third-parties ... particular, courts in the Second Circuit have almost unanimously
applied Nixon to subpoenas served on third-parties. See, e.g., United States v. Pena
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EFTA00015865Set 8
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subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683
(1974). Pursuant to that standard, a Rule 17(c) subpoena "should not issue unless ... specificity."' United States v. Binday, 908 F. Supp.
2d 485, 491 (S.D.N.Y. 2012) (quoting Nixon, 418 U.S. at 700).
EFTA00015865
Case 1:20-cr-00330-AJN Document 269 Filed 05/04/21 ... Page 2 of 9
Page 2
The Nixon test is enforced strictly. "The party requesting the subpoena must also show
that the information sought is `not otherwise procurable reasonably
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intended to provide a means of discovery for criminal
cases." United States v. Nixon, 418 U.S. 683, 698 (1974); see also, e.g., United States v. Barnes ... made in good faith and is not
intended as a general "fishing expedition."
Nixon, 418 U.S. at 699-700. In other words, the proponent of a Rule 17(c) subpoena ... quash Rule 17(c) subpoena for all records relating to cooperating witnesses);
see also Nixon, 418 U.S. at 701 ("Generally, the need for evidence to impeach witnesses is
insufficient
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good faith and is not
intended as a general "fishing expedition."
United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v.
Skelos, 988 F.3d ... affirming a decision to quash subpoenas through
application of Nixon); United States v. Pena, No. 15 Cr. 551 (AIN), 2016 WL 8735699, at *1-*2
(S.D.N.Y. Feb. 12, 2016) (applying ... Nixon, rather than the "more liberal standard" of United States
v. Tucker, 249 F.R.D. 58 (S.D.N.Y. 2008), to the propriety of a Rule 17(c) subpoena).
The Nixon test
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good faith and is not
intended as a general "fishing expedition."
United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v.
Skelos, 988 F.3d ... affirming a decision to quash subpoenas through
application of Nixon); United States v. Pena, No. 15 Cr. 551 (AJN), 2016 WL 8735699, at *1-*2
(S.D.N.Y. Feb. 12, 2016) (applying ... Nixon, rather than the "more liberal standard" of United States
v. Tucker, 249 F.R.D. 58 (S.D.N.Y. 2008), to the propriety of a Rule 17(c) subpoena).
The Nixon test
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Vietnam, had declined to run for
reelection in 1968. Richard Nixon resigned less than seventeen
months into his second term. Gerald Ford (who was never
elected) and Jimmy Carter were ... Regan's confidential
memo, Tom Korologos, an adviser to every Republican
President from Nixon to George W. Bush, told the Reagan
White House that the second term should be viewed ... second term: reelection to power does
not necessarily grant more of it. Richard Nixon and his aides
were obsessed with using a second term to take command of a
federal
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02720608.pdf
Frost may be best remembered for his post-Watergate
interviews with former President Richard Nixon, but the veteran British broadcaster
was equally at ease as a satirist, game show host ... extraordinary man
Billy Martin's
old brawl game with charm, wit, talent, intelligence and
Nixon warmth in equal measure," while BBC
Inquisitor executives lauded him as "a titan of
DAVID ... when he became internationally known in 1977 with a series of television
interviews with Nixon.
They were groundbreaking for Frost and the ex-president, who was trying to salvage
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Vietnam,
had declined to run for reelection in 1968. Richard Nixon resigned less
than seventeen months into his second term. Gerald Ford (who was never
elected) and Jimmy Carter were ... Regan's confidential memo, Tom
Korologos, an adviser to every Republican President from Nixon to George
W. Bush, told the Reagan White House that the second term should be
viewed ... second term: reelection to power does not necessarily grant more of it.
Richard Nixon and his aides were obsessed with using a second term to
take command of a federal
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defendant acknowledges, she bears the burden of satisfying the standard in United
States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party
seeking ... proponent must also establish that the records
sought "are not otherwise procurable." Id. (quoting Nixon, 418 U.S. at 699-700).
' For sake of simplicity, the Government uses the term "Minor ... should not be referenced at trial as a
victim.
EFTA00010118
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The Nixon test is enforced strictly. As the Supreme Court has explained, "[i]t was not
intended
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under Federal Rule of Evidence 408, it fails the test in United States
v. Nixon, 418 U.S. 683, 702 (1974). Maxwell also seeks to subpoena statements of a witness ... oppressive is "committed to the
sound discretion of the trial court." United States v. Nixon, 418 U.S. 683, 702 (1974).
Compliance may be unreasonable or oppressive if the subpoena seeks ... whole purpose of the program would have been frustrated.'
The Supreme Court in Nixon recognized—in the context of a President's claim of
confidentiality over communications with advisors—that
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defendant acknowledges, she bears the burden of satisfying the standard in United
States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party
seeking ... proponent must also establish that the records
sought "are not otherwise procurable." Id. (quoting Nixon, 418 U.S. at 699-700).
' For sake of simplicity, the Government uses the term "Minor ... should not be referenced at trial as a
victim.
EFTA00090223
Page 2
The Nixon test is enforced strictly. As the Supreme Court has explained, "[lit was not
intended by Rule
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EFTA00075480
Case 20-2413, Document 40, 08/20/2020, 2913550, Page5 of 74
Nixon a Warner Commc'ns, Inc., 435 U.S. 589 (1978) passim
Nosik a Singe, 40 F.3d ... press consumption.
18
EFTA00075500
Case 20-2413, Document 40, 08/20/2020, 2913550, Page25 of 74
Nixon a Warner Commc'ns, Inc., 435 U.S. 589, 598 (1978) (cleaned up), quoted in
Brown ... press consumption" or of "redundant, immaterial,
impertinent, or scandalous" material (quoting, among others, Nixon, 435 U.S. at
598; Fed. R. Civ. P. 12(0)). The deposition transcript (certainly
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enter into another war not directly on Russia4,=804,s borders.
But then Richard Nixon, another Cold=Warrior, as well as considered one of the most duplicitous president ... media that
the saturation bomb=ngs of Vietnam and Laos were "very effective," Nixon was =rivately acknowledging the opposite.
"We have had 10 ye=rs of total control ... Laos and V.Nam," Nixon wro=e to his secretary of state, Henry
Kissinger, on January 3, 1972. "
The Obama administration has unlea=hed a similar air war in Syria
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