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In re Witness Before Special Grand Jury 2000-2

United States Court of Appeals for the Seventh Circuit

288 F.3d 289 (2002)

Facts

Attorney Roger Bickel worked as chief legal counsel to the Illinois secretary of state’s office when George Ryan held the office before becoming governor. For three years, federal prosecutors investigated a scandal in the office involving bribes, improper use of campaign funds, and obstructing justice in connection with internal office investigations. Prosecutors wanted to talk to Bickel because he advised Ryan, who objected on attorney-client-privilege grounds. The prosecutors served Bickel with a subpoena to appear before the grand jury and testify about conversations he had with Ryan as secretary of state. Illinois’s then-secretary of state, Jesse White, also wrote a letter purporting to waive attorney-client privilege as to all Bickel’s conversations with any personnel or officials from the secretary of state’s office, regardless of their position. Ryan continued asserting privilege. The court granted the government’s motion to compel Bickel to testify, finding no attorney-client privilege attached to Ryan’s discussions with Bickel, or that White had effectively waived it. Ryan intervened and appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wood, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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