No. 24-502

John Doe v. United States

Lower Court: Fourth Circuit
Docketed: 2024-11-04
Status: Denied
Type: Paid
Relisted (2)
Tags: appellate-jurisdiction attorney-client-privilege criminal-investigation filter-team injunction-order privilege-review
Key Terms:
FifthAmendment
Latest Conference: 2025-01-10 (distributed 2 times)
Question Presented (AI Summary)

Does the fact that the privilege holder is under criminal investigation deprive appellate courts of jurisdiction to review orders refusing to enjoin attorney-client privilege review protocols?

Question Presented (OCR Extract)

QUESTIONS PRESENTED When the Government seizes documents or hard drives that may contain attorney-client privileged and work-product protected material, it often utilizes a “Filter Team” to review the seized material to determine if the material is privileged before the material is turned over to a “Prosecution Team.” Privilege holders can challenge the protocol to be used by the Filter Team. Generally, district court orders granting or refusing to enjoin certain privilege protocols are immediately appealable by both the Government and the privilege holder because such orders are either final orders or they are interlocutory orders granting or denying injunctions. The question is this: Does the fact that the privilege holder is under criminal investigation deprive appellate courts of jurisdiction to review orders refusing to enjoin attorney-client privilege review protocols?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-23
2024-12-23
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-04
Brief of respondent United States in opposition filed.
2024-11-04
Motion (24M32) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-10-09
MOTION (24M32) DISTRIBUTED for Conference of 11/1/2024.
2024-09-30
Motion (24M32) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-09-30

Attorneys

John Doe
Elliot Sol AbramsCheshire Parker Schneider, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent