IN RE SEALED CASE

No. 98-3069.

148 F.3d 1073 (1998)

In re: SEALED CASE

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1998.


Attorney(s) appearing for the Case

Stephen W. Preston, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant, with whom Janet Reno, Attorney General, Frank W. Hunger, Assistant Attorney General, Mark B. Stern, Michael S. Raab, and Maria Simon, Attorneys, were on the briefs.

Kenneth W. Starr, Independent Counsel, argued the cause for appellee United States, with whom Michael L. Travers, Associate Independent Counsel, was on the brief.

Arnold I. Burns and Warren L. Dennis were on the brief for amici curiae in support of the United States Secret Service.

William P. Barr, Griffin B. Bell, and Jonathan Turley were on the brief for amici curiae former Attorneys General of the United States.

Before: WILLIAMS, GINSBURG, and RANDOLPH, Circuit Judges.


PER CURIAM:

During depositions conducted by the Office of the Independent Counsel as part of grand jury proceedings, officers of the United States Secret Service refused to answer certain questions on the ground that the information sought was protected from disclosure by a "protective function privilege." When the OIC filed a motion in federal district court to compel their testimony, the Secret Service, through the Attorney General, again asserted a protective function...

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