Molus

We must decide how, if at all, review can be had of a district judge’s order disquali *670 fying an attorney from representing multiple witnesses in a grand jury investigation.

I

A federal grand jury in the District of Nevada is busy investigating the financial transactions of a certain company. Attorney Christopher Kiernan represented several witnesses who were called before the grand jury. The government, seeing the potential for a conflict of interest among his clients, moved to disqualify Kiernan from his multiple representation. The district court held a hearing pursuant to Wheat v. United States, 486 U.S. 153 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988). Upon determining that the witnesses had waived their right to conflict-free counsel and that the government had not made a showing sufficient to overcome these waivers, the district court denied the motion without prejudice.

Shortly thereafter, the government designated certain of Kiernan’s clients as targets of the investigation, and moved once more to disqualify Kiernan from his multiple representation. The district court held a second Wheat hearing in January of 1999, and this time granted the motion to disqualify…