Summary
concluding that a court need not look behind the face of an indictment to see if Speech or Debate materials were presented to a grand jury provided that none are presented at trial
Summary of this case from U.S. v. RenziOpinion
No. 08-4215.
Argued: September 24, 2008.
Decided: November 12, 2008.
Appeal from the United States District Court for the Eastern District of Virginia, T.S. Ellis, III, Senior Judge.
ARGUED: Robert P. Trout, Trout Cacheris, P.L.L.C., Washington, D.C., for Appellant. Mark D. Lytle, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Amy Berman Jackson, Gloria B. Solomon, Trout Cacheris, P.L.L.C., Washington, D.C., for Appellant. Chuck Rosenberg, United States Attorney, David B. Goodhand, Assistant United States Attorney, Rebeca H. Bellows, Assistant United States Attorney, Charles E. Duross, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. Melanie Sloan, Anne Weismann, Citizens for Responsibility and Ethics in Washington, Washington, D.C., for Amicus Supporting Appellee.
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.