Legal Opinion

In Re the United States for Material Witness Warrant

District Court, S.D. New York

Decided August 5, 2002No. 01 MISC. 1750(JSR)PublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER

RAKOFF, District Judge.

The issue here presented concerns the extent of the Court’s authority to inquire into the circumstances that led, seemingly unwittingly, to the Government’s making material misrepresentations to the Court. Originally, the proceedings that generated the issue were placed under seal as ancillary to a grand jury investigation. Subsequently, however, most of the matters that otherwise qualified for sealing were disclosed to the public, first by the Government in connection with two criminal cases 1 and then in statements relating to those cases made to the…

2Cases cited14 opinions

  1. McNabb v. United StatesSupreme Court of the United States · 1943
  2. United States v. HastingSupreme Court of the United States · 1983
  3. International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
  4. Bank of Nova Scotia v. United StatesSupreme Court of the United States · 1988
  5. United States v. PaynerSupreme Court of the United States · 1980

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3Cited by7 opinions

  1. Higazy v. TempletonCourt of Appeals for the Second Circuit · 2007
  2. Higazy v. Millennium Hotel and ResortsDistrict Court, S.D. New York · 2004
  3. In Re Grand Jury Material Witness DetentionDistrict Court, D. Oregon · 2003
  4. Awan v. United States Department of JusticeDistrict Court, District of Columbia · 2014
  5. Higazy v. Millenium Hotel and ResortsCourt of Appeals for the Second Circuit · 2007

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