control program. Colette had some diet pills of her own (used before she was pregnant). I think I threw them all out because they made her nervous, but possibly there was an old container left in the medicine cabinet.... GX 4002.2; Htr. 998-99. 21. Jerry Leonard As already recounted, prior to the Government’s presentation of its evidence, this court ruled that the attorney-client privilege survived Stoeckley’s death, based on the Supreme Court’s decision in Swidler & Berlin v. United States, 524 U.S. 399, 118 S.Ct. 2081, 141 L.Ed.2d 379 (1998). Htr. 468. Subsequently, the Government asked the court to reconsider the matter of waiver of attorney-client privilege with regard to Leonard’s testimony, in light of a footnote in Swidler. Htr. 706-07; 524 U.S. at 409 n. 3, 118 S.Ct. 2081 (<HOLDING>). The court directed Leonard to prepare an
holding that the information is not protected by attorneyclient privilege holding that a claim for ineffective assistance of counsel waives attorneyclient privilege recognizing gibson bias as an example of the exceptional circumstances which warrant federal intervention recognizing that exceptional circumstances implicating a criminal defendants constitutional rights might warrant breaching the attorneyclient privilege recognizing privilege