In Re Grand Jury Proceedings Kenneth Klayman, Witness. Philip A. Demassa, Intervenor and Real Party in Interest v. United States

DeMassa appeals the district court’s order that promised to hold Klayman in contempt if Klayman continued to refuse to answer certain questions during the grand jury investigation of DeMassa. DeMassa subsequently moved to dismiss the appeal on the ground that the controversy is now moot. We have jurisdiction under 28 U.S.C. § 1291 . We agree that the controversy is moot and do not reach the merits.

I

In connection with a grand jury investigation of DeMassa, the government called Klayman, an attorney, to testify. Klayman refused to answer certain questions relating to a real estate transaction involving DeMassa, asserting that his answers were protected by the attorney-client privilege. The government filed a motion for an order to show cause why Klayman should not be held in contempt of court for refusing to answer these questions. DeMassa filed a motion to intervene as the real party in interest for the purpose of asserting the attorney-client privilege. At the hearing to show cause, the district court granted De-Massa’s motion to intervene and ordered Klayman to make an in camera submission of his answers to the contested questions. After reviewing Klayman’s answers, the…