Under Seal 1 v. United States

Affirmed in part, reversed in part, and remanded with instructions by published per curiam opinion. Judge Niemeyer wrote an opinion concurring in part and dissenting in part.

This case arises from the district court’s denial of a motion to quash grand jury subpoenas demanding testimony of a criminal defendant’s attorney and investigator. As we explain, we find that part of the testimony sought is fact work product that may nonetheless be compelled because it falls under the crime-fraud exception to the work-product privilege. But the government may not ask a general question attempting to…