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-in US v. Myers, 635 F2d 932 (CA2), cert. denied, US __, ‘101 SCt 364 (1980). non III. PRETRIAL AND POST-TRIA L PROCEEDINGS ee en” —— pa Extensive pretrial motions were made by all defen- .: dants in all three of these cases. Representatives Myers, Lederer, Thompson and Murphy all claimed legislative immunity under the speech and debate clause of the constitution, and pretrial appeals were heard’ by the Second. Circuit on. . that issue. In all cases the district court's orders refus- ing to dismiss the indictments were affirmed. The key decision was written by Judge Newman of the Second Circuit A number of other issues were raised by pretrial motion seeking dismissal of the indictment on grounds of . governmental misconduct, denial of defendants’ due process rights in the conduct of the investigation, entrapment as a matter of law, and various other issues which during the course of. the proceedings have been loosely referred a to as the "due process" issues. - ee E 4 All three of these cases were originally assigned to Judge Mishler of this court. In his original disposition of the "due process" motions Judge Mishler reserved decision - on the ground that the motions could be dealt with more effectively after presentation of the government's case at trial. He indicated that if he found any merit to the