In re GRAND JURY INVESTIGATION [Rowland]
399 F.3d 527 (2d Cir. 2005)
NATURE OF THE CASE: Office of the Governor of Connecticut and the former governor of
Connecticut, challenged an order of compelling the former chief legal counsel to the Office
of the Governor to comply with a grand jury subpoena and testify about the contents of
confidential conversations she had with the former governor and members of his staff.
FACTS: A federal grand jury subpoenaed George, the former chief legal counsel to the
Office of the Governor. The grant 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 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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