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skeptic7

04/12/17 3:11 PM

#403025 RE: whipstick #403024

Here's the short translation: Discovery is now partial discovery and plaintiff's get boned again. It's pretty much over.
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obiterdictum

04/12/17 3:27 PM

#403031 RE: whipstick #403024

Thanks Obit - so it was my (probably incorrect) understanding that the Mandamus ruling prevented all types of privilege other than Executive - which obviously doesn't align with your comment here. I realize that Sweeney said that all the docs were fair game but the mandamus said that all the docs save for the Executive priv. docs.

The correct understanding is that “executive privilege” collectively refers to the deliberative process privilege, presidential communications, privilege, and bank examination privilege.

The CAFC examined 56 documents and found that 48 documents were free from privilege. All bank examination privilege documents were released from privilege.

Those 48 represent the model criteria that all remaining documents including the 11,000-12,000 documents, must be compared to. If a document matches the model, it is to be submitted.

Source:
CAFC 01/30/2017 Order
http://gselinks.com/Court_Filings/Fairholme/17-1122-0018.pdf