United States v. Harrison A. Williams, Jr., 644 F.2d 950 (2d Cir. 1981). · Go Syfert
United States v. Harrison A. Williams, Jr., 644 F.2d 950 (2d Cir. 1981). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1997 · 2 courts · …substantially founded upon and intertwined with at p. 952 ✓
41 citation events (9 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Sampson (ca2, 2018-08-06)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
examined Cited as authority (quoted) United States v. Sampson
2d Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
it would be impractical and unwise to attempt pretrial resolution of the defendant's due process claims, because they are substantially founded upon and intertwined with the evidence to be presented at trial.
discussed Cited as authority (rule) United States v. Renzi (2×)
D. Ariz. · 2010 · confidence medium
The Second Circuit considered the presentation of a video tape of a United States Senator in the process of discussing a proposed immigration bill with an undercover agent, and ruled that the district court correctly found that the Speech or Debate Clause did not extend to discussions of this sort which “involve only the possible future performance of legislative functions.” United States v. Williams, 644 F.2d 950, 952 (2nd Cir.1981) (citing United States v. Myers, 635 F.2d 932, 937 (2nd Cir.1980)).
discussed Cited as authority (rule) United States v. Bodmer
S.D.N.Y. · 2004 · confidence medium
“Good cause” to postpone ruling on a pretrial motion exists when a defendant’s claims “are substantially founded upon and intertwined with the evidence to be presented at trial.” United States v. Williams, 644 F.2d 950, 953 (2d Cir.1981); see also United States, v. Spero, 331 F.3d 57, 61-62 (2d Cir.2003) (“[A]ny challenge to an indictment must be brought prior to trial because [the] mandate [of Rule 12(b)(2) ] is no mere pleading technicality.
discussed Cited as authority (rule) United States v. Velastegui (2×) also: Cited "see"
S.D.N.Y. · 1999 · confidence medium
“Good cause” to postpone ruling on a pretrial motion exists when a defendant’s claims “are substantially founded upon and intertwined with the evidence to be presented at trial.” United States v. Williams, 644 F.2d 950, 953 (2d Cir.1981).
discussed Cited as authority (rule) United States v. Patricia A. Grimmett (2×)
8th Cir. · 1998 · confidence medium
United States v. Wilson, 26 F.3d 142, 159 (D.C.Cir.1994); see Fed.R.Crim.P. 12(e); United States v. Williams, 644 F.2d 950, 953 (2d Cir.1981); United States v. Barletta, 644 F.2d 50, 58 (1st Cir.1981); see also United States v. Covington, 395 U.S. 57, 60 , 89 S.Ct. 1559 , 23 L.Ed.2d 94 (1969).
cited Cited as authority (rule) United States v. Patricia Grimmett
8th Cir. · 1998 · confidence medium
P. 12(e); United States v. Williams, 644 F.2d 950, 953 (2d Cir. 1981); United States v. Barletta, 644 F.2d 50, 58 (1st Cir. 1981); see also United States v. Covington, 395 U.S. 57, 60 (1969).
discussed Cited as authority (rule) United States v. Blackwell
D.N.J. · 1997 · confidence medium
United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981); see Fed.R.Crim.P. 12(b); United States v. Doe, 63 F.3d 121, 125 (2d Cir.1995); United States v. Wilson, 26 F.3d 142, 159 (D.C.Cir.1994), cert. denied, — U.S. ---, 115 S.Ct. 1430 , 131 L.Ed.2d 311 (1995); United States v. Shortt Accountancy Corp., 785 F.2d 1448, 1452 (9th Cir.), cert. denied, 478 U.S. 1007 , 106 S.Ct. 3301 , 92 L.Ed.2d 715 (1986); United States v. Conley, 859 F.Supp. 909, 927-28 (W.D.Pa.1994) (“ ‘A defense is ... “capable of determination” if trial of the facts surrounding the commission of the alleged off…
cited Cited as authority (rule) United States v. Nelson
W.D.N.Y. · 1996 · confidence medium
United States v. Williams, 644 F.2d 950, 952 (2d Cir.1981).
discussed Cited as authority (rule) United States v. Lance Henry Wilson, United States of America v. Leonard E. Briscoe, Sr., United States of America v. Maurice David Steier
D.C. Cir. · 1994 · confidence medium
“If a pretrial claim is ‘substantially founded upon and intertwined with’ evidence concerning the alleged offense, the motion falls within the province of the ultimate finder of fact and must be deferred.” United States v. Shortt Accountancy Corp., 785 F.2d 1448, 1452 (9th Cir.) (quoting United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981)), cert. denied, 478 U.S. 1007 , 106 S.Ct. 3301 , 92 L.Ed.2d 715 (1986).
cited Cited as authority (rule) United States v. Helweg
cma · 1991 · confidence medium
See United States v. Montilla, 870 F.2d 549, 553 (9th Cir.1989); United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981).
discussed Cited as authority (rule) United States v. Alexander
D. Minnesota · 1990 · confidence medium
United States v. Shortt Accountancy Corp., 785 F.2d 1448, 1452 (9th Cir.), cert. denied, 478 U.S. 1007 , 106 S.Ct. 3301 , 92 L.Ed.2d 715 (1986); and United States v. Williams, 644 F.2d 950, 952 (2nd Cir.1981).
discussed Cited as authority (rule) United States v. Harry B. Helmsley, Leona M. Helmsley, Joseph v. Licari, and Frank J. Turco, Leona M. Helmsley (2×)
2d Cir. · 1988 · confidence medium
Moreover, even if Judge Walker's decision to defer in the instant case were appealable, I would hold on the merits that the decision was made for good cause, since the district court felt that "the trial record would enable the Court to better determine whether [the appellant's] Fifth Amendment rights were infringed." See United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981); United States v. Nemes, 555 F.2d 51 (2d Cir.1977); 3A Wright, Federal Practice and Procedure: Criminal Sec. 194 (1982); Fed.R.Crim.P. 12(e).
cited Cited as authority (rule) United States v. Swanger
W.D.N.C. · 1988 · confidence medium
Id. (“Defendant timely raised the issue of entrapment in his Motion, but that issue is not ripe for determination.") (citing United States v. Williams, 644 F.2d 950, 951-953 (2d Cir.1981)).
cited Cited as authority (rule) United States v. Kenneth L. Estes
2d Cir. · 1986 · confidence medium
United States v. Williams, 644 F.2d 950, 952 (2d Cir.1981).
cited Cited as authority (rule) United States v. Beatty
E.D.N.Y · 1984 · confidence medium
United States v. Williams, 644 F.2d 950, 952 (2d Cir.1981).
discussed Cited as authority (rule) Aris-Isotoner Gloves, Inc. v. Fownes Bros. & Co. (2×)
S.D.N.Y. · 1983 · confidence medium
Harlequin Enterprises Ltd. v. Gulf & Western Corp., supra, 644 F.2d at 950; Scarves By Vera, Inc. v. Todo Imports Ltd., 544 F.2d 1167, 1174 (2d Cir.1976); Parrot Jungle v. Parrot Jungle, 512 F.Supp. 266, 269 (S.D.N.Y.1981); Polo Fashions Inc. v. Extra Special Products, Inc., 451 F.Supp. 555, 559-60 (S.D.N.Y.1978).
discussed Cited "see" United States v. Ardines
E.D.N.Y · 2013 · signal: see · confidence high
See United States v. Williams, 644 F.2d 950, 953 (2d Cir.1981) (good cause for deferral of consideration on pretrial motion where it was “substantially founded upon and intertwined with the evidence to be presented at trial”).
cited Cited "see" United States v. Lissette Christina Nukida
9th Cir. · 1993 · signal: see · confidence high
See United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981).
cited Cited "see" United States v. Rivieccio
E.D.N.Y · 1989 · signal: see · confidence high
See United States v. Williams, 644 F.2d 950, 952-53 (2d Cir.1981).
cited Cited "see, e.g." In re: United States of America
2d Cir. · 2019 · signal: see also · confidence low
See United States v. Shortt Accountancy Corp., 785 F.2d 1448, 1453 (9th Cir. 1986); Barletta, 644 F.2d at 57–59; see also, e.g., United States v. Williams, 644 F.2d 950 , 952–53 (2d Cir. 1981).
cited Cited "see, e.g." United States v. Brennan
E.D.N.Y · 1996 · signal: see also · confidence medium
See also United States of America v. Williams, 644 F.2d 950, 952 (2d Cir.1981).
discussed Cited "see, e.g." United States v. Nakashian
S.D.N.Y. · 1986 · signal: see, e.g. · confidence medium
See, e.g., United States v. Williams, 644 F.2d 950, 952 (2d Cir.1981); United States v. Moten, 582 F.2d 654, 662 (2d Cir.1978); Grumman Aerospace Corp. v. Titanium Metals Corp. of America, 554 F.Supp. 771, 773-74 (E.D.N.Y.1982); United States v. Abrams, 539 F.Supp. 378, 388-89 (S.D.N.Y.1982); Malizia v. United States Dept. of Justice, 519 F.Supp. 338, 345-46 (S.D.N.Y.1981).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Harrison A. WILLIAMS, Jr., Appellant
943-944, Docket 80-1474, 81-1022.
Court of Appeals for the Second Circuit.
Mar 31, 1981.
644 F.2d 950
1981 U.S. App. LEXIS 18807
Edward R. Korman, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., for appellee., George J. Koelzer, New York City (Thomas'D. Monte, Jr., Evans, Koelzer, Marriott, Osborne & Kreizman, New York City, on the brief), for appellant.
Van Graafeiland, Kearse, Stewart.
Cited by 30 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 58%
Citer courts: Second Circuit (1)
VAN GRAAFEILAND, Circuit Judge:

United States Senator Harrison A. Williams, Jr. of New Jersey was indicted by a grand jury sitting in the United States District Court for the Eastern District of New York. The nine count indictment, which resulted from the Justice Department’s AB-SCAM operation, alleges essentially that the defendant corruptly used his position to enrich himself and his accomplices. These allegations stem from an elaborate undercover operation in which an FBI agent, disguised as a wealthy sheik, offered to loan money to finance a titanium mining venture in which Senator Williams and his co-defendants were involved. In the last of the meetings between Williams and the agent, the agent sought help from the Senator for a private immigration bill.

[*952] Two members of the Senator’s staff testified before the grand jury pursuant to subpoena and produced office files which concerned, among other things, private immigration bills. The Senator moved to dismiss the indictment on the ground that this evidence violated the Speech or Debate Clause, U.S.Const. art. I, § 6, cl. 1. Alternatively, he sought discovery of all the grand jury minutes. The motion was denied, except that the district court did order the release of the two staff members’ testimony. There was no error here.

Although District Judge Pratt found merit in the Senator’s contention that his staff members’ testimony relative to legislative matters should not have been heard by the grand jury, Judge Pratt also found that this testimony constituted an insignificant portion of the evidence presented to the jury and was not a factor in the issuance of the indictment. As in United States v. Myers, 635 F.2d 932 (2d Cir.), cert. denied, - U.S. -, 101 S.Ct. 364, 66 L.Ed.2d 221 (1980), the introduction of the tainted testimony raised no “substantial question of whether the grand jury had sufficient competent evidence to establish probable cause.” Id. at 941 n.10.

Appellant also argued that the Speech or Debate Clause was violated when the grand jury was permitted to view a video tape of himself in the process of performing an asserted legislative function, the discussion of a proposed immigration bill with the undercover agent. The district court coirectly ruled, however, that Speech or Debate Clause protection does not extend to discussions of this sort, which involve only the possible future performance of legislative functions. See id. at 937.

Appellant’s contention that he is entitled to disclosure of the complete grand jury minutes is without merit. These minutes include the testimony of more than sixty witnesses and a dozen audio or video tape recordings of meetings between the Senator and undercover agents. The insignificant amount of tainted testimony that the jury heard did not create the “particularized need” for complete disclosure that is required by Supreme Court holdings. See Pittsburgh Plate Glass Co. v. United States, 360 U.S. 395, 400, 79 S.Ct. 1237, 1241, 3 L.Ed.2d 1323 (1959). Appellant’s status as a Senator did not, of itself, mandate disclosure. Appellant had no general immunity from the rules that govern the conduct of a criminal bribery proceeding. See United States v. Myers, supra, 635 F.2d at 939.

Appellant argues finally, that the indictment should have been dismissed because, he says, the Justice Department conducted its investigation in such a manner as to violate the Due Process Clause of the Fifth Amendment. Appellant asserts that the district court erred in deferring consideration of his due process motion until after the trial. Citing United States v. Myers, supra, 635 F.2d at 936, he contends that, as a Senator, he was entitled to prompt disposition of all motions seeking dismissal before trial.

Relying on United States v. MacDonald, 435 U.S. 850, 98 S.Ct. 1547, 56 L.Ed.2d 18 (1978), the Government argues that Judge Pratt’s order of deferment is not appeala-ble. Because we conclude that, even if appealable, the order was not erroneous, we will not address the Government’s contention. Rule 12(e) of the Federal Rules of Criminal Procedure provides that for good cause a district judge may defer consideration of a pretrial motion until after trial. This Court’s decision in United States v. Myers, supra, should not be construed to automatically exempt members of Congress from the operation of this rule. Our “suggestion” in Myers that members of Congress should have a preferred right to pretrial review was directed primarily to those cases in which the defendant’s congressional status is intrinsic to his claimed right of dismissal. The suggestion assumed moreover that the issues raised by the defendant’s motion are readily resolvable in advance of trial. Here, Judge Pratt, relying on his own experience and that of other judges presiding at ABSCAM trials, determined that it would be impractical and unwise to attempt pretrial resolution of the[*953] due process claims, because they are substantially founded upon and intertwined with the evidence to be presented at trial. His consequent decision to defer consideration of the due process claims until after trial was therefore entirely proper. Because full development of the facts would help the district judge in reaching a wise decision, postponement was not without benefit to appellant.

The orders appealed from are affirmed.