By Albany Defense Attorney With Big Ears
The new filing by the prosecution describes some of the problems that have developed with respect to the issue of attorney/client privilege as regards all the material that was seized from Nancy Salzman’s former home (Note: The only defendants who are asserting this privilege are Keith, Clare, and Nancy). In this regard, those issues include – but may not be limited to – the following:
– In addition to dealing with the attorneys representing Keith, Clare, and Nancy, the prosecution is also now dealing with Michael J. Sullivan, who is representing the non-party NXIVM entity in this matter (It would not surprise me if the prosecution names NXIVM – and maybe some of the other known related companies – as additional defendants in a superseding indictment).
– There is disagreement between some of the individual defendants and NXIVM as to what material is privileged – and/or who the privilege applies to (Example: Clare claims that in her capacity as a representative of NXIVM, she has privilege regarding discussions she had with an attorney named Jonathan Ware – but the attorney representing NXIVM claims that if any such privilege exists, it is in Clare’s capacity as an individual and not as a representative of NXIVM).
– There is also disagreement as to whether there are/were any applicable “Joint Defense Agreements” between any of the individual defendants and NXIVM. Clare and Keith claim there are/were such agreements but the lawyer representing NXIVM says no such agreements ever existed.
– Finally, there is a disagreement as to how the determination should be made as to whether attorney/client privilege exists with respect to a particular document. In this regard, the prosecution wants to first develop an agreed-upon list of which defendants have such a privilege with which particular attorney(s) – and then have the Fire Wall Team make document-specific privilege determinations in accordance with that agreed upon list. Keith, Clare, and Nancy, however, would prefer, that the Fire Wall Team start looking at individual documents before any determination has been made as to which defendants have attorney/client privilege with which attorneys.
I would expect this battle to require several more filings by all the affected – and at least one more oral argument before Judge Garaufis. That, of course, will be one more reason why the trial will never start on March 18th.
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
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Thanks, Big Ears. …Aw, no “Springtime for Hitler” (aka Nancy Salzman, disintegrated) at MDC?
Why do you suppose KAR and Clare are apparently trying to segregate NXIVM’s (Nancy’s sole proprietorship) privilege from themselves as individuals while attempting to secure wider privilege for Nx evidence due to this imaginary “joint defense” agreement?
Also, is the State bringing charges or has Gillybrand REALLY dropped her bid (or any hope of such) in the 2020 Presidential race?
Thank you as always for your insight!
I hope Raniere enjoys Springtime at MDC. And Summer, too.
They all thought they were oh so clever.
Clare Bronfman was born into privilege and appears, a spoiled brat.
CB believes that because it was her “trust fund baby’s” money that paid for Nx’s litigation machine, that she has earned attorney/client privileges on all matters.
So sad with all that money she was gifted, Clare didnt get a real education. CB doesn’t appear to have knowledge on how the world works. Outside of riding ponies and be a slave for her Master Raniere CB is just a rich brat.
Keep the checkbook open Clare, the current litigation you are paying for is going to cost you more than you can imagine. You will also need funds for yours and your Masters prison commissary accounts.
Clare was also supposed to have reported all of those gifts to the IRS and paid tax on them. Gifts over a certain amount, the recipients should have also reported and paid tax on.
May the IRS have a field day with them all.
‘what a tangled web we weave when first we practice to deceive’
And that is not to mention any superseding indictments based on all the reams of computer evidence seized by the Feds.