United States v. Harmon

Brief of Amici Curiae National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice in Support of Petition for Rehearing and Rehearing En Banc.

Brief filed: 10/13/2016


United States v. Harmon

9th Circuit Court of Appeals; Case No. 15-10034

Prior Decision

Ninth Circuit panel decision 833 F.3d 1199 (9th Cir. Aug. 18, 2016).


This Court can and should grant relief where the Government's misconduct prevents the grand jury from exercising its discretionary function. The panel's shielding of AUSA Cheng's identity demonstrates the non-existent deterrence presented by extra-judicial remedies.

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Ethan A. Balogh and Evan C. Greenberg, Coleman & Balogh LLP, San Francisco, CA; David M. Porter, NACDL, Sacramento, CA.