Completely Sealed Case: Grand Jury Subpoena V.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN RE GRAND JURY SUBPOENA, No. 15-35434

JK-15-029,

D.C. No. 3:15-mc-00129-HZ

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

OPINION

v.

JOHN A. KITZHABER,

Intervenor-Appellant.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, District Judge, Presiding

Argued and Submitted November 2, 2015 Portland, Oregon

Filed July 13, 2016

Before: Raymond C. Fisher, Marsha S. Berzon, and Paul J. Watford, Circuit Judges.

Opinion by Judge Berzon IN RE GRAND JURY SUBPOENA

SUMMARY*

Grand Jury Subpoena

The panel reversed the district court’s order declining to quash a grand jury subpoena seeking a broad range of information from the State of Oregon as part of a federal investigation into activities of former Governor John Kitzhaber, and remanded.

For several years before Kitzhaber left office, copies of his personal emails were archived on Oregon’s computer servers. The panel agreed with Kitzhaber, an intervenor, that he had a reasonable expectation of privacy in much of his personal email (although the Fourth Amendment’s protection does not…