Free Order - District Court of Delaware - Delaware

Case 1:03-mc-00087 Document 9 Filed 08/11/2003 Page 1 of 1
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IN THE UNITED STATES DISTRi T COURT ' “ I· E _ g
IN AND FOR THE DISTRICT OF DELAWARE
In re Grand Jury Subpoena ) Miscellaneous Action No. 03-87 I/I F
dated 7/2/03 and issued to ) A
Eric Leonard Episcopo ) UNDER SEAL
ORDER
This matter is before the Court on a motion by New Castle County to quash a
subpoena (Docket Item 2; the "Motion") senred on an attorney on the staff of the New
CastI iCount= Att rne . e sub oena seeks the testimony of the staff attorney before
a federal grand j Ilegations of corruption in New Castle County’s
government. The County’s Mg tiorito quash is based upon the assertion of attorney-
client privi, _ _ .; . naed attorney and the County.
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The" ”• Is persuade 3 the argument of the United States that, in the context
of a federal criminal investigation, no government attorney-client privilege shields
communications between attorneys in the New Castle County Law Department and 2
County officials. In reaching this conclusion the Court finds particularly persuasive the
reasoning set forth in the "Ryan" case, In re: A Witness Before the Special Grand Jury
2000-2, 288 F .3d 289 (Y"` Cir. 2002). That reasoning applies with full force to the
matter before this Court and is adopted by the Court.
Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED. j
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Dated: August 11, 2003 I
Wilmington, Delaware `T II
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