In Re Grand Jury Subpoena Dtd. January 4, 1984. United States of America

WINTER, Circuit Judge:

The United States appeals Chief Judge Weinstein’s quashing of a subpoena duces tecum on the basis of a scholar’s privilege.

We reverse and remand for further proceedings.

Background

On March 21, 1983, a suspicious fire and explosion occurred at “Le Restaurant” in Glen Cove, Long Island. In the course of investigating the fire, the police questioned a waiter at the restaurant, appellee Mario Brajuha. Mr. Brajuha, who is not a target of the investigation, is a Ph.D. candidate at the State University of New York at Stony Brook where he is working on a dissertation entitled…