United States v. Liddy, George Gordon

136 F.3d 828, 329 U.S. App. D.C. 88, 1998 U.S. App. LEXIS 3872, 1998 WL 94507

• Court: Court of Appeals for the D.C. Circuit
• Decided: March 6, 1998
• Docket: 73-1020
• Status: Published

Opinion

Opinion for the Court filed Per Curiam.

PER CURIAM:

This cause came before us on petitions seeking clarification of the court’s unpublished Order of January 19, 1973. See United States v. Liddy, No. 73-1020 (D.C.Cir. January 19, 1973), rev’g in part United States v. Liddy, 354 F.Supp. 217, 221 (D.D.C.1973); see also United States v. Liddy, 509 F.2d 428, 446 (D.C.Cir.1974) (referring to unpublished Order). The Order prohibited admission of evidence as to the contents of telephone conversations at Democratic National Committee Headquarters intercepted in May and June 1972 under the direction of G. Gordon Liddy.

The court has determined that there is no question before it suitable for adjudication. The petitions concern the current effect of the Order. The language of that Order clearly indicates that it was a suppression order, the scope of which was coterminous with the scope of the evidence-barring provision of the wiretapping statute, 18 U.S.C. § 2515. As a suppression order, the Order was applicable only to the criminal trial of United States v. Liddy, Crim. No. 1827-72 (D.D.C.1973), affd, United States v. Liddy, 509 F.2d 428 (D.C.Cir.1974), and was not binding in any other proceeding. There is therefore no issue relating to the Order properly before the court.

In reaching this judgment, we in no way suggest that disclosure of the matters in question here would be permissible in any context under the terms of 18 U.S.C. §§' 2511 and 2515; nor do we mean to decide whether cross-petitioner Liddy has standing even to seek disclosure of the matters in question. These issues are not properly before us and we offer no opinion' on them.

Petitions Denied.