Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
DOJ Blackwater Brief

DOJ Blackwater Brief

Ratings: (0)|Views: 490|Likes:
Published by MainJustice

More info:

Published by: MainJustice on Jun 18, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/11/2013

pdf

text

original

 
 Public Copy (revised per 6/15/10 unsealing order) – Sealed Material Deleted 
No. 10-3006
I
N THE
U
NITED
S
TATES
C
OURT OF
A
PPEALS
F
OR THE
D
ISTRICT OF
C
OLUMBIA
C
IRCUIT
UNITED STATES OF AMERICA
,Plaintiff-Appellant,v.
PAUL ALVIN SLOUGH,NICHOLAS ABRAM SLATTEN,EVAN SHAWN LIBERTY,DUSTIN LAURENT HEARD,DONALD WAYNE BALL,
Defendants-Appellees.ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA(The
Hon. Ricardo M. Urbina
)
PRELIMINARY BRIEF FOR THE UNITED STATES
LANNY A. BREUER 
Assistant Attorney General
GREG D. ANDRES
Acting Deputy Assistant Attorney General
JOSEPH N. KASTERDEMETRA LAMBROSMICHAEL DITTOE
Criminal Division, Appellate SectionTrial Attorneys U.S. Department of JusticeNational Security Division Washington, D.C. 20530(202) 307-5964
Case: 10-3006 Document: 1250238 Filed: 06/16/2010 Page: 1
 
CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES
A.PARTIES AND AMICI
The parties appearing in the district court were the United States of Americaas plaintiff and defendants Paul Alvin Slough, Nicholas Abram Slatten, EvanShawn Liberty, Dustin Laurent Heard, and Donald Wayne Ball. These same parties are before this Court. There are no intervenors or 
amici
.
B.RULINGS UNDER REVIEW
The United States appeals the district court’s (Hon. Ricardo M. Urbina)dismissal of the indictment in a criminal case, D.C. No. 08-0360. The court’sopinion was entered on December 31, 2009, and is reported at 677 F.Supp.2d 112(D.D.C. 2009). The memorandum opinion (“Mem.Op.”) appears at JA__.The following rulings are under review:1.The district court’s findings that the government made evidentiaryuse of the defendants’ immunized statements in securing the indictment, inviolation of 
 Kastigar v. United States
, 406 U.S. 441 (1972). Mem.Op. 51-75(JA__).2.The district court’s ruling that a prosecutor’s consideration of adefendant’s immunized statement in deciding whether to recommend chargesconstitutes an impermissible non-evidentiary use of the statement under 
 Kastigar 
,and the court’s findings that the government made significant non-evidentiary use
Case: 10-3006 Document: 1250238 Filed: 06/16/2010 Page: 2
 
of the defendants’ immunized statements in securing the indictment. Mem.Op. 75-85 (JA__).3.The district courts finding that any
 Kastigar 
errors were not harmless beyond a reasonable doubt. Mem.Op. 88-89 (JA__).
C.RELATED CASES
After the district court dismissed the indictment without prejudice, it deniedSlatten’s and Ball’s motions to dismiss with prejudice based on prosecutorialmisconduct. That opinion was entered on January 19, 2010 (JA__), and isreported at 679 F.Supp.2d 55 (D.D.C. 2010).The
 Kastigar 
hearing was closed to the public and the press. At theconclusion of the hearing, the district court ordered that the
 Kastigar 
materialsremain under seal pending the government’s decision to seek appeal, but alsoordered that the materials be unsealed on February 2, 2010, the day after thegovernment’s deadline for noticing an appeal. That opinion (JA__) in D.C. No.1:10-mc-00005, is reported at 677 F.Supp.2d 296 (D.D.C. 2010);
id.
(also orderingrelease of redacted pre- and post-hearing memoranda). On January 29, 2010, thecourt denied the joint motion by the government and defendants to maintain the
 Kastigar 
materials under seal (JA__). The government’s appeal of that ruling in
Washington Post, et al., v. United States
,
et al.,
is this Court’s Case No. 10-3007.Counsel is aware of no other related cases.
Case: 10-3006 Document: 1250238 Filed: 06/16/2010 Page: 3

Activity (4)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
Ahleme Laadhar liked this
Betsy Cooper liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->