context: The formulation of the Speech or Debate privilege implies that the judiciary cannot avoid determining what are the outer limits of # legitimate legislative process.
citation_a.signal: see
citation_a.parenthetical: ordering in camera hearing to determine whether subpoenaed documents were covered by the legislative privilege at which Government was allowed to be present and to contest the claims of privilege
citation_a.sentence: See In re Possible Violations of 18 U.S.C. §§ 201, 371, 491 F.Supp. 211 (D.D.C.1980) (ordering in camera hearing to determine whether subpoenaed documents were covered by the legislative privilege at which Government was allowed to be present and to contest the claims of privilege); Benford v. Am. Broad. Cos., 98 F.R.D. 42, 45 & n.2 (D.Md.1983) (requiring detailed index of potentially privileged documents under Speech or Debate Clause to be submitted for judicial review and suggesting the need for in camera review of certain relevant documents to determine whether the congressional defendants have accurately characterized their content); cf. Nixon, 418 U.S. at 706, 94 S.Ct. 3090 (Absent a claim of need to protect [national security], we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide). The district court in Benford refused to blindly accept the[ ] conclusory and seemingly self-serving suggestion that [the House Select Committee on Aging] will screen what is and what is not protected. 98 F.R.D. at 45. Review of allegedly privileged material by the Court is allowed and appropriate under the Constitution.
citation_b.signal: cf.
citation_b.parenthetical: Absent a claim of need to protect [national security], we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide
citation_b.sentence: See In re Possible Violations of 18 U.S.C. §§ 201, 371, 491 F.Supp. 211 (D.D.C.1980) (ordering in camera hearing to determine whether subpoenaed documents were covered by the legislative privilege at which Government was allowed to be present and to contest the claims of privilege); Benford v. Am. Broad. Cos., 98 F.R.D. 42, 45 & n.2 (D.Md.1983) (requiring detailed index of potentially privileged documents under Speech or Debate Clause to be submitted for judicial review and suggesting the need for in camera review of certain relevant documents to determine whether the congressional defendants have accurately characterized their content); cf. Nixon, 418 U.S. at 706, 94 S.Ct. 3090 (Absent a claim of need to protect [national security], we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection with all the protection that a district court will be obliged to provide). The district court in Benford refused to blindly accept the[ ] conclusory and seemingly self-serving suggestion that [the House Select Committee on Aging] will screen what is and what is not protected. 98 F.R.D. at 45. Review of allegedly privileged material by the Court is allowed and appropriate under the Constitution.