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R,FRANKLYN P LAVERTY,ANNE M GRIFFIS,NIXON MARCUS,JEFFREY A SUMMERS,RUTH A
WILLIAMS,OWEN CARTER,DONALD NORTH,JOHN ROSENTHAL,LOIS EYCKELER,ANDREA
ated that in deciding whether to unseal materials it was important to give weight to the impact on a criminal defendant's right to a fair trial. In Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978), a number of media moved the district court to release audio tapes admitted into evidence in the
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has observed that the executive branch "has exclusive authority and absolute discretion to decide whether to prosecute a case," United States v. Nixon, 418 U.S. 683, 693, 94 S.Ct. 3090, 41 L.Ed2d 1039 (1974), and the Gov- ernment therefore argues that courts lack jurisdiction to enjoin a criminal
State Apple Advertising Commis- sion, 432 U.S. 333, 342, 97 S.Ct 2434, 2440, 58 L.Ed.2d 383 (1977) (Hunt k Simon, 426 U.S. at 40, 96 S.Ct. at 1925; Worth, 422 U.S. at 611, 96 S.Ct at 2211; Sierra Club v. Morton, 405 U.S. 727, 739, 92 S.Ct. 1361, 1868, 81 L.Ed.2d 636 (1972) (Sierra Club). In Hunt, t
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