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UNITED STATES v. DOE

Nos. 71-1331, 71-1332 and 71-1335.

455 F.2d 753 (1972)

UNITED STATES of America v. John DOE. Mike Gravel, United States Senator, Intervenor, Appellant. UNITED STATES of America, Appellant, v. John DOE.

United States Court of Appeals, First Circuit.

Decided January 7, 1972.

On Rehearing January 18, 1972.

Attorney(s) appearing for the Case

David R. Nissen, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., and Warren P. Reese, Asst. U. S. Atty., were on brief, for the United States.

Robert Reinstein, Philadelphia, Pa., and Herbert O. Reid, Sr. with whom Charles L. Fishman, Washington, D. C., was on brief, for Mike Gravel, United States Senator.

Doris Peterson, Peter Weiss, James Reif, and Morton Stavis, New York City, on brief, for Leonard Rodberg, amicus curiae in case No. 71-1335.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

These cross appeals raise important questions as to the extent of the privilege afforded by the Speech or Debate clause of the Constitution. This clause, the separate and concluding part of Article I, Section 6, Clause 1, provides that ". . . for any Speech or Debate in either House, they [Senators and Representatives] shall not be questioned in any other Place." The issues arise in the context of a motion to limit the testimony that can be presented...

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