In Re: Grand Jury Subpoena, Dated July 21, 2023

Good Law
127 F.4th 139
United States Court of Appeals for the Ninth CircuitJanuary 28, 202524-2506California2,808 words

Opinion

Opinion

Friedland, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In Re Grand Jury Subpoena, dated No. 24-2506 July 21, 2023 D.C. No. ____________________________ 2:23-cm-00228-

FMO-1

OPINION

Appeal from the United States District Court for the Central District of California Fernando M. Olguin, District Judge, Presiding

Argued and Submitted September 13, 2024 Pasadena, California

Filed January 28, 2025

Before: Michelle T. Friedland and Roopali H. Desai, Circuit Judges, and Karen E. Schreier, District Judge.*

Opinion by Judge Friedland

* The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota, sitting by designation. 2 IN RE GRAND JURY INVESTIGATION

SUMMARY**

Grand Jury Subpoenas/Fifth Amendment

The panel reversed the district court’s order compelling a law firm to provide the Government with a privilege log of documents that the law firm’s client asserts are protected under Fisher v. United States, 425 U.S. 391 (1976), and remanded for further proceedings. In Fisher, the Supreme Court held that when the Fifth Amendment protects an individual from the compelled production of documents and the…

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