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IN RE GRAND JURY PROCEEDINGS

Nos. 77-1970, 77-1971, 77-2051, 77-2052 and 77-2053.

563 F.2d 577 (1977)

In re GRAND JURY PROCEEDINGS, Subpoenas Duces Tecum "A", "B", "C", "D", and "E", and Subpoenas of Helen Sills and Nancy Doyle. Appeal of Henry J. CIANFRANI, Intervenor in 77-1970, 77-2051/2/3. Appeal of Thomas J. KALMAN, in No. 77-1971.

United States Court of Appeals, Third Circuit.

Decided September 7, 1977.

As Amended November 8, 1977.

Attorney(s) appearing for the Case

David W. Marston, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Gregory T. Magarity, Frank H. Sherman, Asst. U. S. Attys., Philadelphia, Pa., for appellee, U. S.

Nicholas J. Nastasi, Philadelphia, Pa., for Henry J. Cianfrani, appellant in 77-1970 and 77-2051/2/3.

John Rogers Carroll, Thomas Colas Carroll, Philadelphia, Pa., for Thomas J. Kalman, appellant in 77-1971.

Before SEITZ, Chief Judge, and GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The search for truth in criminal proceedings and the need for independence of state legislators clash in this appeal stemming from a grand jury investigation. We conclude that the Speech or Debate Clause of the United States Constitution does not shield a state legislator in a federal criminal action, but a limited evidentiary privilege grounded in the common law history of the Clause does exist. Accordingly, we...

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