United States v. Salerno

Michael Tigar’s Notes:

United States v. Salerno, 505 U.S. 317 (1992).  Brief and oral argument.  We lost on the “merits” issue of admissibility of grand jury testimony that was exculpatory of the defendants.  However, the Court’s opinion (by Justice Thomas) left us an opening on remand.   (Thomas’s clerk, Greg Maggs, called me the day the opinion was issued to note this part of Thomas’s opinion.)  The briefs are worth studying, but note that on Westlaw, our brief 1992 WL 530844 is mislabeled as a Reply of the US. On remand, we did not prevail on the evidence point, but there were so many issues remaining on which we had a good argument that the government virtually gave up and settled the case.

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