UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Nos.

11-2511 and 12-1159 IN RE: REQUEST FROM THE UNITED KINGDOM PURSUANT TO THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS IN THE MATTER OF DOLOURS PRICE, UNITED STATES Petitioner - Appellee, v. ED MOLONEY, ANTHONY MCINTYRE, Movants - Appellant. _________________________________________________ ED MOLONEY, ANTHONY MCINTYRE, Plaintiffs - Appellants, v. ERIC H. HOLDER, Attorney General; JACK W. PIROZZOLO, Commissioner Defendants - Appellees.

MOTION OF AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF APPELLANTS PETITION FOR REHEARING OR REHEARING EN BANC

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The American Civil Liberties Union of Massachusetts (ACLUM) respectfully seeks leave of the Court to file the proposed amici curiae brief submitted herewith in support of appellants Ed Moloney and Anthony McIntyres petition for rehearing or rehearing en banc. As grounds for its motion, ACLUM states as follows: 1. ACLUM seeks leave to file a short (four page argument) brief in

support of the petition for rehearing or rehearing en banc. The proposed brief addresses one specific issue of exceptional importance raised by the Panels decision: Do persons with standing to assert First Amendment objections to a subpoena have the right to be heard on those objections? 2. ACLUM respectfully submits that the Panels decision denying the

appellants the right to be heard on their objections below, whether by intervention or by separate complaint, conflicts with Supreme Court precedent that establishes such a right to be heard, even in cases that do not involve a First Amendment evidentiary privilege. 3. For the foregoing reasons, ACLUM respectfully suggests that the

attached amicus brief may assist the Court in ruling on the petition. WHEREFORE, ACLUM respectfully requests that this Court grant its motion for leave to file the amici curiae brief submitted herewith.

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By its attorneys, /s/Jonathan M. Albano Jonathan M. Albano, First Cir. No. 34321 Robert E. McDonnell, First Cir. No. 56450 BINGHAM MCCUTCHEN LLP One Federal Street Boston, MA 02110-1726 617.951.8000 /s/Matthew R. Segal Matthew R. Segal, First Cir. No. 1151872 Sarah Wunsch, First Cir. No. 28628 ACLU OF MASSACHUSETTS 211 Congress Street, 3rd Floor Boston, MA 02110 617-482-3170, ext. 323 swunsch@aclum.org Dated: August 28, 2012

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Certificate of Service I hereby certify that on August 28, 2012, I caused this document to be filed through the CM/ECF system and sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF). /s/Jonathan M. Albano Jonathan M. Albano

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