In Re Sealed Case

527 F.3d 188 (2008)

In re SEALED CASE.

No. 07-3132.

United States Court of Appeals, District of Columbia Circuit.

Argued May 9, 2008.

Decided June 3, 2008.

David B. Smith argued the cause for appellants.

Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, Roy W. McLeese, III and Ann H. Petalas, Assistant U.S. Attorneys.

Before: GINSBURG, BROWN, and KAVANAUGH, Circuit Judges.

Opinion for the court filed by Circuit Judge BROWN.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

BROWN, Circuit Judge:

The defendant appeals…