U.S. v. DOE

No. 04-4136.

429 F.3d 450 (2005)

UNITED STATES of America Appellant v. John DOE Appellee.

United States Court of Appeals, Third Circuit.

Filed November 23, 2005.


Attorney(s) appearing for the Case

Nicholas A. Marsh (Argued), Peter R. Zeidenberg, United States Department of Justice Criminal Division, Washington, D.C., for Appellant.

Jeffrey D. Smith (Argued), DeCotiis, Fitzpatrick, Cole & Wisler, Teaneck, NJ, for Appellee.

Before SLOVITER, FISHER, and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises several serious questions concerning the time-respected role of privileged communication between client and attorney and the crime-fraud exception. For almost four years now, the Government has had an active grand jury investigating certain activities of a federal law enforcement officer (hereinafter referred to as "Target"). The Government submitted details of the investigation to the District...

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