EFTA Document EFTA01387842

Page 7 2009 U.S. Dist. LEXIS 139535, * (2000). However, in certain instances, "'the act of production' itself may implicitly communicate 'statements of fact."' Id. For this reason the Fifth Amendment privilege also encompasses the circumstance where the act of producing documents in response to a subpoena or production request has a compelled testimonial aspect Id. Thus, in those instances where the existence and/or location of the requested documents are unknown, or where production woul