Mike Webb v. United States District Court for the Eastern District of Virginia
DueProcess Securities Privacy JusticiabilityDoctri
Whether a writ of mandamus can compel the convening of a grand jury
QUESTIONS PRESENTED The following questions are presented for decision to the Court: 1. Whether, pursuant to S.Ct.R. 11, see also 28 U.S.C. § 2101(e)}, upon application for prejudgment relief, in “a case pending in a United States court of appeals, before judgment is entered in that court”, a requester, may be granted a petition for writ of mandamus to compel the convening of a grand jury, in accordance with Fed.R.Crim.Pro. . 6(a), “[w]hen the public interest so requires”. 2. Whether, in accordance with S.Ct.R. 11, see also 28 U.S. C. § 2101(e), upon application for prejudgment relief, in “a case pending in a United States court of appeals, before judgment is entered in that : court”, a writ of mandamus can prevail over a presumptive assertion ) of executive privilege, see generally U.S. v. Nixon, 418 U.S. 683 (1974). 3. Whether, in accordance with S.Ct.R. 11, see also 28 U.S. C. § 2101 (e), upon application for prejudgment relief, in “a case pending in a United States court of appeals, before judgment is entered in that court”, a writ of mandamus can prevail over a presumptive Glomar Response. See generally Phillippi v. CIA, 546 F.2d 1009 (1976). Il. PARTIES AND