In Re Grand Jury

OPINION OF THE COURT

STAPLETON, Circuit Judge:

We are here asked to decide whether a victim of a privately executed wiretap1 can successfully move to quash a subpoena duces tecum directing the perpetrator of the wiretap to convey recordings of unlawfully intercepted communications to a grand jury. The district court denied the motions to quash. Since disclosure of the unlawfully intercepted communications to the grand jury would violate an explicit congressional prohibition, and enforcement of the subpoena would involve the courts in a violation of the victims’ statutory privacy rights, we will…