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e @ Assistant Attorney General Civil Division - Appellate Staff ' SA's dissemination of information on the BPP: could bs found to have been legitimate activity and cooperation in law enforce- ment, and not wrongful acts pursuant to a corispiracy, even though the jury also found a conspiracy to disrupt or dis- credit BPP politically. The need for clarification on this issue and others discussed by Chiet Judge Fairchild is mandatory. Finally, Judge Pell's well-reasoned dissent empha- -Sizes the travesty inherent in this decision. It is his belief that: ° sending virtually the complete case back for another extendsd trial constitutes a miscarriage of justice anda misuse of the Federal judicial facilities. For these reasons, I would strongly recommend that a petition for rehearing be submitted and, if necessary, a petition for a writ of certiorari be filed. I note Judge Pell's realistic appraisal of our chances -in obtaining a rehearing which is reflected in his footnote on page 112; however, I feel obligated to pursue this matter to the fullest in order to. exonerate the conduct of our defendant SAs.