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MATTER OF PRESIDENT'S COM'N ON ORGANIZED CRIME SUBPOENA OF SCARFO

No. 85-5539.

783 F.2d 370 (1986)

In the Matter of the PRESIDENT'S COMMISSION ON ORGANIZED CRIME SUBPOENA OF Nicodemo SCARFO. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided February 14, 1986.

As Amended February 19, 1986.

Attorney(s) appearing for the Case

James D. Harmon, Jr., Executive Director and Chief Counsel, Jonathan J. Rusch (argued), Counsel, President's Com'n on Organized Crime, John F. De Pue (argued), Dept. of Justice, Washington, D.C., Thomas W. Greelish, U.S. Atty., D. New Jersey, Camden, N.J., for appellant.

Harry Lore (argued), and Robert F. Simone, Philadelphia, Pa., for appellee.

Before WEIS, BECKER and STAPLETON, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The individuals appointed to the President's Commission on Organized Crime included a retired Supreme Court Justice and an active circuit judge. The movant, who was subpoenaed to appear before the Commission contends that its composition is unconstitutional because the inclusion of judges as members violates the separation of powers principle. We disagree and conclude that no constitutional transgression exists....

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