In re Grand Jury Subpoena Duces Tecum
United States Court of Appeals for the Eighth Circuit
112 F.3d 910 (1997)
- Written by Gonzalo Rodriguez, JD
Facts
The Office of Independent Counsel (OIC) (plaintiff) was assigned to conduct a criminal investigation on the Whitewater controversy, a matter involving President Bill Clinton and First Lady Hillary Rodham Clinton. As part of the investigation, the OIC directed a grand-jury subpoena to the White House requiring the production of documents relating to the Whitewater matter created during meetings attended by any attorney of the Office of Counsel to the President. Although the White House identified nine sets of responsive documents, it refused to produce the documents, claiming that these documents were protected under the attorney-client privilege and the attorney-work-product doctrine. Among these documents were notes relating to the subject and taken by a White House attorney during a meeting also attended by Mrs. Clinton and her personal attorney. The OIC filed a motion to compel production of these documents before the district court. The district court denied the motion, holding that Mrs. Clinton and the White House had a reasonable expectation that their conversations were protected by the attorney-client privilege and that the notes were protected as attorney-work-product. The OIC appealed the district court’s decision.
Rule of Law
Issue
Holding and Reasoning (Bowman, J.)
Dissent (Kopf, J.)
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