Saturday, February 28, 2015 2:49:48 PM
Very technical and slow reading and re-reading for my peanut brain to comprehend, and very much appreciate the time you devote to this cause and I'm sure most on this board concur.
I've come away with a few questions I hope you can shed some light on.
I'm a bit confused by the process of how an objection comes into play.
When a document is entered into the privilege log how does the plaintiff determine whether or not to object, do they get an opportunity to view it ?
The statement , "When the integrity of the deliberative process itself is an issue in the case, the deliberative process privilege cannot be invoked to foreclose inquiry into those deliberations", how is "integrity" defined as an issue ?
And if I can ask your indulgence, what is meant by "some undefined minimal evidentiary threshold" as stated below ?
"Similarly, courts have stated that the
deliberative process privilege is negated when the party seeking discovery has
provided “reason to believe” that governmental misconduct will be uncovered
by the requested material.60 However, bare allegations of misconduct
are not enough.61 To activate this per se exception, the litigant must meet
some undefined minimal evidentiary threshold.62"
TIA again
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