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U.S. v. McDADE

No. 93-1487.

28 F.3d 283 (1994)

UNITED STATES of America v. Joseph M. McDADE, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 15, 1994.

Sur Petition for Rehearing August 9, 1994.

Attorney(s) appearing for the Case

G. Robert Blakey (argued), Notre Dame Law School, Notre Dame, IN, Sal Cognetti, Jr., Foley, Cognetti & Cormerford, Scranton, PA, James D. Crawford, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for appellant, Joseph M. McDade.

Michael J. Rotko, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Nicholas C. Harbist (argued), Asst. U.S. Atty., James J. Eisenhower, III (argued), Asst. U.S. Atty., Philadelphia, PA, for appellee, U.S.

Charles Tiefer (argued), Acting General Counsel, Michael L. Murray, Senior Asst. Counsel, Richard P. Stanton, Asst. Counsel, Office of the General Counsel, U.S. House of Representatives, Washington, DC, for amici curiae, Speaker and Bipartisan Leadership Group of U.S. House of Representatives.

Before: SCIRICA and ALITO, Circuit Judges, and BASSLER, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

Joseph M. McDade, a member of the United States House of Representatives, took this appeal from a pretrial order in the criminal prosecution now pending against him in federal district court. The order in question denied a variety of defense motions, including a request for dismissal of all or portions of his indictment under the Speech or Debate Clause of the Constitution, Art. 1, § 6, cl. 1. We affirm the...

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