In the Supreme Court of the United States
ED MOLONEY AND ANTHONY MCINTYRE, PETITIONERS
UNITED STATES OF AMERICA, ET AL.
ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
BRIEF FOR THE UNITED STATES IN OPPOSITION
DONALD B. VERRILLI, JR.
Counsel of Record
Acting Assistant Attorney General
DAVID M. LIEBERMAN
Department of Justice
Washington, D.C. 20530-0001
1. Whether petitioners had an adequate opportunity to be heard on their First Amendment objections to subpoenas issued in support of a criminal investigation in the United Kingdom, when the lower courts considered and dismissed their claims on the merits.
2. Whether a court deciding whether to quash a law-enforcement subpoena issued pursuant to a mutual legal assistance treaty and 18 U.S.C. 3512 (Supp. V 2011)must consider the same specific discretionary factors applicable to a general foreign discovery request under28 U.S.C. 1782(a)