Third Circuit Calls for Full Briefing and Oral Argument as to Disclosure of Bridgegate Unindicted Co-Conspirator List

In connection with the upcoming Bridgegate trial of Bill Baroni and Bridget Kelly, news outlets had asked Judge Wigenton, who is handling the matter in the District Court, to release to the public a list of names of unindicted co-conspirators.  That list has been provided to defense counsel.  Judge Wigenton ordered that the list be made public.  One of the people on that list, John Doe, sought to block the release of the list.  Judge Wigenton rejected John Doe’s arguments and denied a stay of her ruling.

John Doe appealed to the Third Circuit.  Yesterday, in an Order that is available here, Judge Ambro granted a temporary stay in order “to allow a full panel of this Court the opportunity to consider the merits of the case.”  Judge Ambro set a schedule under which John Doe must file a merits brief by May 23, the appellees must file their merits briefs by May 27, and John Doe must file any reply by June 1.  The Government, which did not oppose the release of the list in the District Court, is required to file by May 27 either a merits brief or a statement that it takes no position.  Oral argument, at which the Government is “requested to be present,” will be held on June 6 at 3 P.M.

Finally, the issue of whether the oral argument should be open to the public is to be the subject of separate briefing.  The parties were directed to file briefs on that issue by 4 P.M. today, with responding briefs due by 4 P.M. on May 20.  Each brief on this issue is limited to three double-spaced pages, which will challenge counsels’ ability to be concise.