PITCH v. U.S.

No. 17-15016.

953 F.3d 1226 (2020)

Marion E. PITCH, The Personal Representative of the Estate of Anthony S. Pitch, Plaintiff-Appellee, Laura Wexler, Intervenor, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 27, 2020.


Attorney(s) appearing for the Case

Joseph J. Bell , Bell Shivas & Fasolo, PC, Rockaway, NJ, for Plaintiff-Appellee.

Bradley Hinshelwood , U.S. Department of Justice, Civil Division, Appellate Staff, Mark R. Freeman , Michael Raab , U.S. Attorney General's Office, Washington, DC, William Taylor McNeill , U.S. Attorney Service — Middle District of Georgia, U.S. Attorney's Office, Macon, GA, Defendant-Appellant.

Joseph J. Bell , Bell Shivas & Fasolo, PC, Rockaway, NJ, for Intervenor.

Allison M. Zieve , Patrick Daniel Llewellyn , Public Citizen Litigation Group, Washington, DC, for Amici Curiae American Historical Association, American Society for Legal History, National Security Archive and Society of American Archivists.

Ashwin Pradyumna Phatak , Constitutional Accountability Center, Washington, DC, for Amicus Curiae Constitutional Accountability Center.

Richard J. Ovelmen , David Arnold Karp , Carlton Fields, PA, Miami, FL, for Amicus Curiae Gilbert King and the First Amendment.

KatieLynn Boyd Townsend , Reporters Committee for Freedom of the Press, Washington, DC, for Amicus Curiae Reporters Committee for Freedom of the Press.

Allison M. Zieve , Public Citizen Litigation Group, Washington, DC, for Amicus Curiae Organization of American Historians.

Before ED CARNES, Chief Judge, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, TJOFLAT, and MARCUS, Circuit Judges.


The grand jury, as an institution, has long been understood as a "constitutional fixture in its own right," operating independently of any branch of the federal government. United States v. Williams, 504 U.S. 36, 47, 112 S.Ct. 1735, 1742, 118...

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