In Re Grand Jury Subpoena Served Upon John Doe, Esq. Richard Roe, Intervenor-Appellant v. United States

I respectfully dissent from the decision to affirm the district court’s order denying the motion to quash the grand jury subpoena to attorney Slotnick. I agree with the conclusion reached by the majority in the panel decision, and by Judge Cardamone in his dissenting opinion in this rehearing in banc, that the subpoena should be quashed absent a government showing of need. However, I add a few additional observations, and, due primarily to the change in circumstances since the panel decision, I reach decision by a somewhat different route.

1. Assuming this appeal is not moot or in a posture so…