United States DC Circuit

The government is a "person" subject to subpoena under Federal Rule of Civil Procedure 45 regardless of whether it is a party to the underlying litigation.

Appellate Information

• Argued 02/27/2006
• Decided 06/16/2006
• Published 06/16/2006

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert R. Vieth argued the cause for appellants.   With him on the briefs were Tara M. Lee, Lori R. Ploeger, and Michael Traynor., John S. Mills was on the brief for amici curiae The Educational Fund To Stop Gun Violence and National Security Archive in support of appellants.   Meredith Fuchs, Kate A. Martin, and Sayre Weaver entered appearances.


• For Appellees:
  
• H. Thomas Byron, III, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Douglas N. Letter, Attorney.