Sentence examples for the subpoenaed material from inspiring English sources
treat the subpoenaed material as presumptively privileged.
To drive home his point, Jefferson submitted the subpoenaed material with portions blotted out.
treat the subpoenaed material as presumptively privileged". Nixon 418 U.S. at 713 (emphasis added).
Mr. Hirsch says that some of the subpoenaed material no longer exists and that he believes he has the right to keep other information secret.
Mr. Cane said that his staff examined the subpoenaed material and could not find all the required reports of fire code inspections.
Under the Nixon test, the grand jury's need for the subpoenaed material is balanced against the White House's need for confidentiality.
The Court further holds that this privilege can be overcome if the subpoena proponent can show "first, that each discrete group of the subpoenaed materials [or testimony] likely contains important evidence; and second that this evidence is not available with due diligence elsewhere". Id. at 754.
In such situations, the subpoena proponent will be able easily to explain why there is no equivalent to evidence likely contained in the subpoenaed materials.
"The question of what evidence might reasonably be relevant to the grand jury's investigation should be answered by reference to the reasons the grand jury gave in explaining its need for the subpoenaed materials". In re Sealed Case, 121 F.3d at 759.
By requiring the Special Prosecutor to show that "each discrete group of the subpoenaed materials [or testimony] likely contains important evidence," the first prong of the need analysis ensures "that the evidence sought must be directly relevant to issues that are expected to be central to the trial". Id. at 754.
As the Court discussed earlier, the D.C. Circuit held that, in order to overcome the presumption of executive privilege, the OIC must show two factors: "first, that each discrete group of the subpoenaed materials likely contains important evidence; and second that this evidence is not available with due diligence elsewhere". Id. at 754.
