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IN RE SUBPOENA

No. 06-1572.

In Re: Grand Jury Subpoena: JOHN DOE, No. 05GJ1318. UNITED STATES OF AMERICA, Movant-Appellee, v. UNDER SEAL, Intervenor-Appellant. UNDER SEAL, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Opinion Unsealed: October 14, 2009.

Decided: March 7, 2007.

Attorney(s) appearing for the Case

ARGUED: Amy Berman Jackson, TROUT CACHERIS, P.L.L.C., Washington, D.C., for Appellant.

Patty Merkamp Stemler, UNITED STATES DEPARTMENT OF JUSTICE, Criminal Division, Appellate Section, Washington, D.C., for Appellee.

ON BRIEF: Robert P. Trout, Gloria B. Solomon, TROUT CACHERIS, P.L.L.C., Washington, D.C., for Appellant.

Jeffrey P. Singdahlsen, UNITED STATES DEPARTMENT OF JUSTICE, Criminal Division, Appellate Section, Washington, D.C.; Kenneth E. Melson, Acting United States Attorney, Mark D. Lytle, Rebeca H. Bellows, Assistant United States Attorney, Michael K. Atkinson, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Geraldine R. Gennet, General Counsel, Kerry W. Kircher, Deputy General Counsel, David Plotinsky, Assistant Counsel, U.S. HOUSE OF REPRESENTATIVES, Office of General Counsel, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge King wrote the majority opinion, in which Judge Shedd joined. Judge Gregory wrote an opinion concurring in the judgment.

OPINION

KING, Circuit Judge.

This appeal is taken by a sitting Congressman (the "Congressman"), who challenges the district court's refusal to quash a grand jury subpoena duces tecum seeking documents from his Chief of Staff ("Doe").1 See In re Grand Jury Subpoena Duces Tecum, John Doe No. 05GJ1318 (Under Seal), No. 1:05dm401 (E.D. Va. May 4, 2006) (the "Order").2 The Congressman contends...

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