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· 9/14/2023

Wesley G. Cook v. Arch Coal, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that government could compel defendant to produce incriminating papers and Fifth Amendment protected only \testimonial\ aspects of the transfer
  • holding that because the existence and location of subpoenaed documents are a “foregone conclusion,” their production, although testimonial, is not incriminating and is hence not privileged
  • holding that since attorney-client privilege “has the effect of withholding relevant information from the factfinder, it applies only where necessary to achieve its purpose”
  • holding that government could compel defendant to produce incriminating papers and Fifth Amendment protected only “testimonial” aspects of the transfer
  • holding that a taxpayer’s production of his accountant’s workpapers was not testimonial because their existence and authenticity were a foregone conclusion
  • holding that being compelled to produce incriminating tax documents is not prohibited by the Fifth Amendment

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.