UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK
January 31, 1980
In re GRAND JURY SUBPOENA DATED NOVEMBER 9, 1979
The opinion of the court was delivered by: WERKER
In accordance with my opinion and order of January 24, 1980, the subpoenaed firm submitted a number of tape recordings to me on January 29, 1980. I have listened to the tapes in camera, and I find that only one recorded conversation should be turned over to the Government. The remaining taped conversations do not contain any statements which could constitute evidence of a conspiracy to obstruct justice or a cover-up of the activities in question. Additionally, the tape recordings do not contain anything which persuades me to modify my January 24th decision with respect to the attorney-client privilege issue.
In accordance with my January 24th opinion and my in camera inspection of the tape recordings, the subpoenaed firm is hereby directed to turn over to the Government by 5 p.m. Monday, February 4, 1980, the recording of the conversation between the associate and Richard Roe which begins "The rest of the Simian Expansion papers . . . ." The motion to quash the subpoena is granted as to the balance of the tape recordings; the grand jury subpoena duces tecum dated November 9, 1979 is hereby quashed insofar as it seeks the production of all recordings other than the one identified above. All the tape recordings and transcripts are being returned today to the subpoenaed firm.
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