Read the following excerpt from a US court opinion:
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the asserted duty of confidentiality are determined by a legal source external to the tort claim itself[,]” Humphers v. First Interstate Bank, 298 Or. 706, 696 P.2d 527, 534 (1985) (en banc); and “its breach is actionable only if it is wrongful, that is to say, without justificat ecognize a psychotherapist-patient privilege under which a patient may “prevent any other person from disclosing confidential communications, made for the purposes of diagnosis or treatment of the patient’s physical, mental or emotional condition ... among the patient, the patient’s physician or psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the physician or psychotherapist____” Rule 11-504(B), NMRA 1997; see also Jaffee, 518 U.S. at 15, 116 S.Ct. at 1931 . In the context of the criminal justice
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing privilege
B. recognizing a federal mediation privilege
C. recognizing a federal psychotherapy privilege
D. recognizing privilege under federal rules
E. holding that the burden is upon the state under the applicable federal rules of evidence
Reply with [A, B, C, D, E] only.