In Re Grand Jury Investigation [Rowland]

399 F.3d 527 (2d Cir. 2005)

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Nature of the Case

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Facts

A federal grand jury subpoenaed George, the former chief legal counsel to the Office of the Governor. The grand jury was interested in whether the governor and others had accepted gifts from individuals in return for state contracts. George testified that she had had numerous conversations with the governor and other officials related to the acceptance of gifts and ethics laws. She refused to testify as to the content claiming that the conversations were protected by the attorney-client privilege. The district court then entered an order compelling George to testify. The court reasoned that the governmental attorney-client privilege was not as strong as the private attorney-client privilege, and must give way when it serves the public interest. The Office of the Governor and Rowland, as interested parties, appealed.