United States v. John Doe. In the Matter of Grand Jury Proceeding: Application of Daniel Ellsberg for Protective Order

COFFIN, Circuit Judge.

Daniel Ellsberg, a defendant in a pending criminal prosecution initiated by an indictment in the Central District of California, seeks a protective order barring a grand jury sitting in the District of Massachusetts (Boston) from gathering evidence which would be relevant to his trial in California. The district court denied the motion, basing its decision on the prosecution’s representation “that its purpose in calling witnesses [in Boston] is not to obtain testimony or other evidence tending to prove the charge or charges [in California] but to determine whether any…