U.S. v. EL-SAYEGH

No. 97-3147.

131 F.3d 158 (1997)

UNITED STATES of America, v. Hani EL-SAYEGH, Appellant, Washington Post Company, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1997.


Attorney(s) appearing for the Case

Steven M. Farina, Washington, DC, argued the cause for appellees Washington Post Company, et al. With him on the Response to Emergency Motion for Stay Pending Appeal were Kevin T. Baine and Thomas G. Hentoff.

L. Jackson Thomas, II, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee United States. With him on the Government's Response to Appellant's Emergency Motion for Stay Pending Appeal were Mary Lou Leary, U.S. Attorney, John R. Fisher and Mary-Patrice Brown, Assistant U.S. Attorneys.

Before: SILBERMAN, WILLIAMS and TATEL, Circuit Judges.


WILLIAMS, Circuit Judge:

This case requires us to refine the concept of "judicial records" to which there are public rights of access. We conclude that a plea agreement submitted to the court before the plea is offered, solely for the purpose of allowing the court to rule on the government's motion to seal the agreement, is not subject at that stage to a public right of access under either the First Amendment or the common law. Because no right of access exists, we...

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