APPEAL OF U.S. BY ATTY. GEN.

No. 89-5804.

887 F.2d 465 (1989)

Appeal of UNITED STATES of America (By the ATTORNEY GENERAL). UNITED STATES of America (By the OFFICE OF INDEPENDENT COUNSEL), Plaintiff-Appellee, v. Joseph F. FERNANDEZ, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1989.


Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., Asst. Atty. Gen., Philadelphia, Pa., John F. De Pue, Washington, D.C. (Ronald K. Noble, Deputy Asst. Atty. Gen., James S. Reynolds, William C. Brown, Attys., Criminal Div., U.S. Dept. of Justice, Washington, D.C., on brief), for appellant.

Gerard E. Lynch, New York City (Lawrence E. Walsh, Independent Counsel; Laurence Shtasel, Geoffrey S. Stewart, Geoffrey S. Berman; John Q. Barrett, Associate Counsel, Office of Independent Counsel, Washington, D.C. on brief), for plaintiff-appellee U.S.

Thomas E. Wilson (Mary Beth Sullivan, Susan C. Benner, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C. on brief), for defendant-appellee Fernandez.

Before CHAPMAN, WILKINSON, and WILKINS, Circuit Judges.


WILKINSON, Circuit Judge:

In this case we must reconcile two statutes that make no reference to one another: The Classified Information Procedures Act ("CIPA"), 18 U.S.C.App. § 1 et seq. (1982), and the independent counsel provisions of the Ethics in Government Act, 28 U.S.C.A. § 591 et seq. (1989 Supp.). The Attorney General contests certain orders of the district court which authorized the disclosure of classified information in a criminal...

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