Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

5-11-2006 In Re: Grand Jury Precedential or Non-Precedential: Non-Precedential Docket No. 05-2936

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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-2936

IN RE: GRAND JURY

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA D.C. Misc. 05-mc-00197 District Judge: The Honorable Robert F. Kelly

Argued: March 29, 2006

Before: McKEE, BARRY and VAN ANTWERPEN, Circuit Judges

(Opinion Filed: May 11, 2006)

C. Clark Hodgson, Jr., Esq. (Argued) Jonathan F. Bloom, Esq.

Thomas W. Dymek, Esq.

Stradley, Ronon, Stevens & Young 2600 One Commerce Square Philadelphia, PA 19103 -AND- Sal Cognetti, Jr., Esq.

Foley, Cognetti, Comeford, Cimini & Cummins Linden Street Scranton Electric Building Scranton, PA 18503 Counsel for Appellant John J. Pease, III, Esq. (Argued) Office of the United States Attorney Chestnut Street, Suite 1250 Philadelphia, PA 19106 Counsel for Appellee

OPINION OF THE COURT

BARRY, Circuit Judge As initially presented, the principal issue before us on this appeal was whether we should now create the qualified state legislative immunity privilege we have heretofore “refus[ed] to create,” In re Grand Jury (Granite), 821 F.2d 946, 956 (3d Cir. 1987). At oral argument, however, it was made clear by appellant that the “principal” issue was, in fact, the issue on which it seeks to prevail.

We have carefully considered the written submissions of the parties and the oral arguments they so forcefully presented. We see no reason to revisit Granite and conclude, without further discussion, that essentially for the reasons set forth by the District Court, its orders of May 11, 2005 and June 1, 2005 will be affirmed.