But in court last week, the judge described the lawyers for John Doe as "movants," suggesting that they had sought the proceeding.
In such an instance, the attorney would tell the committee what the client would have to say in order to help the committee decide how to proceed in seeking the testimony.
But in a separate state court proceeding, The Tribune is seeking the grade point averages and ACT scores of the students accepted from the clout list.
The U.S. investigation is the largest set of cases brought by the U.S. Department of Justice's Kleptocracy Asset Recovery Initiative, which seeks the forfeiture of the proceeds of foreign corruption.
The administration sought the en banc proceeding before the expanded bench after a ruling by a three-judge panel last April rejected the argument that the executive branch is entitled to have lawsuits shut down whenever it makes a blanket claim of national security.
The Indictment sought the forfeiture of $838,350.00 (the proceeds of Thomas' scheme), including investment accounts owned by Thomas, the home he bought with KL's stolen funds, and luxury automobiles.
The Securities and Exchange Commission, which conducted a parallel investigation, charged Mr. Morris and Mr. Loglisci with violating several federal securities laws and is seeking to recoup the proceeds from their scheme.
But claims of this genre, seeking recovery from the proceeds of state-court litigation, are the sort ordinarily resolved in state courts.
Marion Ross (Marion Cunningham, Anson Williamss (Potsie), Don Most (Ralph Malph, Erin Morann (Joanie Cunningham) and the estate of the late Tom Bosley Howard Cunninghamm) are the participating plaintiffs in the case, according to a CNN report, which notes that the actors are seeking unpaid proceeds from profits earned via "Happy Days" merchandise.
"If respect for states' rights were paramount, then in this case, it would seem Mr. Ashcroft should not proceed to seek the death penalty," Mr. Bruck said.
