Recording of Gelbard v. United States Oral Arguments

Michael Tigar’s Notes:

Gelbard v. United States, 408 U.S. 41 (1972). 3Gelbard#1 is MET opening argument, Dan Friedman for the SG then argues beginning 30:36. On 3Gelbard#2 Friedman continues, MET begins rebuttal. 3Gelbard#3 is last of MET rebuttal, including amusing exchanges with Justices White and Marshall. White is clearly on the fence here, and Justice Brennan told me “you don’t know how much trouble I had getting Byron White’s vote.” Peter Westen helped me prepare for oral argument, and we developed the idea of citing a case, during the beginning of the argument, by each of the five Justices whose votes we really thought we needed. Justice White apparently caught on to this device – or so it seemed to me.

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