In Re Grand Jury Subpoena Duces Tecum Dated January 15, 1986. Appeal of United States of America

I agree the order of the district court should be affirmed but not for the reasons set forth in the panel opinion.1 I would not remand the case for reconsideration. Accordingly, I concur in the result only.

I agree that we have appellate jurisdiction to review the order of the district court under the collateral order exception to the final judgment rule. At 678.

As I read the district court’s order, the district court held only that “in the face of the specific command” of Fed.R.Crim.P. 6(e)(2), it lacked authority to issue the protective order. In re Grand Jury Subpoena No. GJ 31, 628 F.Supp.…