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UNITED STATES v. UNITED STATES DIST. CT. FOR E. D. OF MICH.

No. 71-1105.

444 F.2d 651 (1971)

UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION and Honorable Damon J. Keith, Respondent.

United States Court of Appeals, Sixth Circuit.

Certiorari Granted June 21, 1971.

Attorney(s) appearing for the Case

Robert L. Keuch, Dept. of Justice, Washington, D. C., for petitioner; Robert C. Mardian, Asst. Atty. Gen., Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., Kevin T. Maroney, Daniel J. McAuliffe, George W. Calhoun, Attys., Dept. of Justice, Washington, D. C., on brief.

William M. Kunstler, New York City, pro hac vice, by special leave of Court, with whom Hugh M. Davis, Jr., Detroit, Mich., and Leonard I. Weinglass, Newark, N. J., were on the brief.

Herman Schwartz, Buffalo, N. Y., Melvin L. Wulf, New York City, Erwin Ellmann, Detroit, Mich., on brief for American Civil Liberties Union, as amicus curiae.

Before PHILLIPS, Chief Judge, and WEICK and EDWARDS, Circuit Judges.

Certiorari Granted June 21, 1971. See 91 S.Ct. 2255.

EDWARDS, Circuit Judge.

At issue in this case is the power of the Attorney General of the United States as agent of the President to authorize wiretapping in internal security matters without judicial sanction.

This case has importance far beyond its facts or the litigants concerned.

If decided in favor of the government, the citizens of these United States lose the protection of an independent...

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