DOJ-OGR-00008369.jpg
652 KB
Extraction Summary
4
People
2
Organizations
0
Locations
3
Events
2
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
652 KB
Summary
This legal document, filed on December 14, 2021, argues for the questioning of attorney Brad Edwards regarding a U-Visa application he submitted for his client, Kate. The filing asserts that Kate denied seeking a U-Visa during cross-examination, making her attorney's actions relevant to her motive and bias as a witness. The document contends that this action is not protected by attorney-client privilege, or if it was, the privilege was waived.
People (4)
| Name | Role | Context |
|---|---|---|
| Alison J. Nathan | The Honorable |
Recipient of the document.
|
| Brad Edwards | Attorney |
Identified as Kate's attorney who provided a U-Visa application to the government on her behalf. Ms. Maxwell intends ...
|
| Kate | Alleged Victim/Witness |
A person who denied wanting a U-Visa during cross-examination, but whose attorney, Brad Edwards, allegedly provided a...
|
| Ms. Maxwell |
A person who intends to question Mr. Edwards about the U-Visa application.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Steinhardt Partners | company |
Mentioned in a legal citation: 'Steinhardt Partners, 9 F.3d at 236'.
|
| U.S. Citizenship and Immigration Services (USCIS) | government agency |
Referenced via a URL in a footnote regarding U-Visas.
|
Relationships (2)
The document explicitly states, 'shows that Kate’s attorney, Brad Edwards, provided a U-Visa application to the government on behalf of Kate'.
The document states, 'Ms. Maxwell intends to question Mr. Edwards about this topic,' indicating an adversarial role within a legal proceeding.
Full Extracted Text
Complete text extracted from the document (1,824 characters)
Case 1:20-cr-00330-PAE Document 544 Filed 12/14/21 Page 6 of 9
The Honorable Alison J. Nathan
December 13, 2021
Page 6
December 13, 2021
Page 6
Brad Edwards
A U-Visa affords a special immigration status to victims of certain crimes, including sex crimes, who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.¹ Because providing help to the government is a condition of eligibility for U-Visa, and because the government must support the individual’s application by attesting to her being helpful, see 8 U.S.C. § 1101(a)(15)(U)(i); 8 U.S.C. § 1184(p), an alleged victim’s desire for a U-Visa is powerful evidence of motive and bias.
During cross-examination, however, Kate denied wanting a U-Visa or beginning the process of obtaining a U-Visa. TR at 1276. Material produced by the government, however, shows that Kate’s attorney, Brad Edwards, provided a U-Visa application to the government on behalf of Kate during a proffer session. TR at 1285. (3513-045). Ms. Maxwell intends to question Mr. Edwards about this topic.
There is nothing privileged about Mr. Edwards’ providing a U-Visa application to the government on behalf of Kate. That testimony does not reveal a confidential communication between Mr. Edwards and Kate. See Erie, 473 F.3d at 419. But even if it did, Mr. Edwards’ statements to the government during the proffer session and his act of providing the application on behalf of Kate amount to a waiver of whatever privilege that may have existed. See Fed. R. Evid. 502(a); Steinhardt Partners, 9 F.3d at 236; 1 McCormick on Evid., § 93.
¹ https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status (last visited Dec. 13, 2021).
DOJ-OGR-00008369
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