United States v. John McTiernan

John McTiernan, a famous Hollywood movie director, hired former private investigator Anthony Pellicano in 2000 to illegally wiretap the telephone conversations of two individuals. Six years later, when the Federal Bureau of Investigation (FBI) questioned McTiernan about Pellicano’s activities, McTiernan claimed that he knew nothing about any wiretapping. But the FBI had obtained a digital recording (the Recording) that Pellicano had made — unbeknownst to McTiernan — of a telephone conversation in which the two men discussed an illegal wiretap. Caught red-handed, McTiernan pleaded guilty to one count of making a material false statement to the FBI.

Shortly thereafter, McTiernan engaged new counsel who convinced him to seek the withdrawal of his guilty plea, which the district court eventually allowed. McTiernan was indicted again, this time on two counts of making a material false state ment to the FBI and on one count of making a false statement to the district court during his guilty-plea hearing. His motions to suppress the Recording and to recuse United States District Judge Dale S. Fischer were denied. McTiernan then conditionally pleaded guilty to all three counts,…