context: Because the FDIC concedes Jencks's applicability in this case, Landry has established a prima facie violation if the documents in question cover the same territory as the examiners' testimony. After examining the documents and the examiners' testimony we find that several of them do so. Even so, a privilege might beat the Jencks claim.
citation_a.signal: see also
citation_a.parenthetical: noting that criminal actions must be dismissed when the government chooses not to comply with a court order to produce relevant statements or' reports on the ground of privilege
citation_a.sentence: See Norinsberg Corp. v. USDA, 47 F.3d 1224, 1229 n. 5 (D.C.Cir.1995) (presuming that, in a license revocation hearing in which the agency had adopted the Jencks Act, a witness’s opinions in a report that formed part of the deliberative process would be protected from Jencks Act disclosure); see also Communist Party, 254 F.2d at 327. But see Jencks, 353 U.S. at 671-72, 77 S.Ct. 1007 (noting that criminal actions must be dismissed when the government chooses not to comply with a court order to produce relevant statements or' reports on the ground of privilege). But the FDIC here makes no claim that privilege defeats its Jencks obligations— though the ALJ did.
citation_b.signal: see
citation_b.parenthetical: presuming that, in a license revocation hearing in which the agency had adopted the Jencks Act, a witness's opinions in a report that formed part of the deliberative process would be protected from Jencks Act disclosure
citation_b.sentence: See Norinsberg Corp. v. USDA, 47 F.3d 1224, 1229 n. 5 (D.C.Cir.1995) (presuming that, in a license revocation hearing in which the agency had adopted the Jencks Act, a witness’s opinions in a report that formed part of the deliberative process would be protected from Jencks Act disclosure); see also Communist Party, 254 F.2d at 327. But see Jencks, 353 U.S. at 671-72, 77 S.Ct. 1007 (noting that criminal actions must be dismissed when the government chooses not to comply with a court order to produce relevant statements or' reports on the ground of privilege). But the FDIC here makes no claim that privilege defeats its Jencks obligations— though the ALJ did.