IN RE LINDSEY

Nos. 98-3060, 98-3062 and 98-3072.

148 F.3d 1100 (1998)

In re: Bruce R. LINDSEY (Grand Jury Testimony)

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 1998.


Attorney(s) appearing for the Case

W. Neil Eggleston, Washington, DC, argued the cause for appellant the Office of the President, with whom Timothy K. Armstrong, Julie K. Brof, Washington, DC, and Charles F.C. Ruff, Counsel to the President, were on the briefs.

David E. Kendall, Washington, DC, argued the cause for appellant William J. Clinton, with whom Nicole K. Seligman, Washington, DC, Max Stier, Robert S. Bennett, Carl S. Rauh, Washington, DC, Amy Sabrin and Katharine S. Sexton were on the briefs.

Douglas N. Letter, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for amicus curiae the Attorney General, with whom Janet Reno, Attorney General, Frank W. Hunger, Assistant Attorney General, Stephen W. Preston, Deputy Assistant Attorney General, and Stephanie R. Marcus, Attorney, New York City, were on the brief.

Kenneth W. Starr, Independent Counsel and Brett M. Kavanaugh, Associate Independent Counsel, Washington, DC, argued the causes for appellee the United States, with whom Joseph M. Ditkoff, Associate Independent Counsel, Arlington, VA, was on the brief.

Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed PER CURIAM.

Opinion dissenting from Part II and concurring in part and dissenting in part from Part III filed by Circuit Judge TATEL.

PER CURIAM:

In these expedited appeals, the principal question is whether an attorney in the Office of the President, having been called before a federal grand jury, may refuse, on the basis of a government attorney-client privilege, to answer questions about possible criminal conduct by government...

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