Lower Court Action
Background on Swidler & Berlin v. United States
Petitioner, an attorney, made notes of an initial interview with a client shortly before the client’s death. The Government, represented by the Office of Independent Counsel, now seeks his notes for use in a criminal investigation. This dispute arises out of an investigation conducted by the Office of the Independent Counsel into whether various individuals made false statements, obstructed justice, or committed other crimes during investigations of the 1993 dismissal of employees from the White House Travel Office. Vincent W. Foster, Jr. was Deputy White House Counsel when the firings occurred. In July 1993, Foster met with petitioner James Hamilton,…