Case 1:20-cr-00330-PAE Document544 Filed 12/14/21 Page1lof9
Haddon, Morgan and Foreman, P.C
Jeffrey S. Pagliuca
My 150 East 10th Avenue
Denver, Colorado 80203
PH 303.831.7364
FX 303.832.2628
www.hmflaw.com
[email protected]
HADDON
MORGAN
FOREMAN
December 13, 2021
VIA Email
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
Re: — United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan,
I write to alert the Court to the questions Ms. Maxwell anticipates asking Attorneys Jack
Scarola, Brad Edwards, and Robert Glassman, and to explain why none of the answers they will
offer are protected by the attorney client privilege.
“The attorney-client privilege protects from disclosure (1) a communication between
client and counsel that (2) was intended to be and was in fact kept confidential, and (3) was made
for the purpose of obtaining or providing legal advice.” Jn re County of Erie, 473 F.3d 413, 419
(2d Cir. 2007). “The burden of establishing the attorney-client privilege, in all its elements,
always rests upon the person asserting it.” United States v. Schwimmer, 892 F.2d 237, 244 (2d
Cir. 1989). The burden here falls on the government.
None of the questions Ms. Maxwell intends to ask these witnesses implicates the
attorney-client privilege. Indeed, none calls for an attorney to reveal confidential
communications with his client at all, let alone a communication made for the purpose of
obtaining or providing legal advice. Rather, all the questions concern interactions between the
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