United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 16, 1987.
Decided January 22, 1988.
As Amended February 5, 1988.
February 22, 1988.
Attorney(s) appearing for the Case
Barry S. Simon with whom Brendan V. Sullivan, Jr., Nicole K. Seligman, Jacob A. Stein and Robert F. Muse, Washington, D.C., were on the joint brief, for appellants in 87-5261 and 87-5265.
Thomas S. Martin with whom Anthony C. Epstein, David E. Zerhusen, David W. DeBruin and Carl S. Nadler, Washington, D.C., were on the brief, for appellant in 87-5264.
Earl C. Dudley, Jr., Deputy Independent Counsel, with whom Alexia Morrison, Independent Counsel and Richard C. Otto, Deputy Independent Counsel, Washington, D.C., were on the brief, for appellee in 87-5261, 87-5264 and 87-5265.
Douglas N. Letter, Dept. of Justice, with whom James M. Spears, Acting Asst. Atty. Gen., Robert J. Cynkar, Deputy Asst. Atty. Gen., Robert E. Kopp, William Kanter, Neil Koslowe, Jay S. Bybee, Dept. of Justice, Washington, D.C., were on the brief, for amicus curiae, U.S., urging reversal.
Steven R. Ross, General Counsel to the Clerk, U.S. House of Representatives, with whom Charles Tiefer, Deputy General Counsel, Michael L. Murray and Janina Jaruzelski, Asst Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., were on the brief, for amicus curiae, Speaker and Bipartisan Leadership Group of the U.S. House of Representatives, urging affirmance.
Herbert J. Miller, Jr., Randall J. Turk and Stephen L. Braga, Washington, D.C., were on the brief, for amicus curiae, Michael K. Deaver, urging reversal.
Eric R. Glitzenstein and Alan B. Morrison, Washington, D.C., were on the brief, for amicus curiae, Public Citizen, urging affirmance.
Donald J. Simon, Washington, D.C., Cass Sunstein, Laurence H. Tribe, Cambridge, Mass., Archibald Cox and Philip B. Heyman, Washington, D.C., were on the brief, for amicus curiae, Common Cause, urging affirmance.
Rex E. Lee, Irvin B. Nathan, Washington, D.C., and Robert MacCrate, New York City, were on the brief, for amicus curiae, American Bar Ass'n, urging affirmance.
Lawrence E. Walsh, Independent Counsel, Paul L. Friedman, Guy Miller Struve and James E. McCollum, Jr., Associate Counsel, Washington, D.C., were on the brief, for amicus curiae, Independent Counsel Lawrence E. Walsh, urging affirmance.
Michael Davidson, Senate Legal Counsel, Ken U. Benjamin, Jr., Deputy Senate Legal Counsel, Morgan J. Frankel and Susan B. Fine, Asst. Senate Legal Counsel, U.S. Senate, Washington, D.C., were on the brief, for amicus curiae, U.S. Senate, urging affirmance.
Before RUTH BADER GINSBURG, SILBERMAN, and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Probable Jurisdiction Noted February 22, 1988.
SILBERMAN, Circuit Judge:
Three former government officials, Theodore B. Olson, previously Assistant Attorney General, Office of Legal Counsel, Carol E. Dinkins, previously Assistant Attorney General, Lands Division,1 and Edward C. Schmults, previously Deputy Attorney General of the United States, appeal from a district court judgment rejecting...
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