UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION
UNITED STATES OF AMERICA,
v.
ROBERT F. MCDONNELL
MAUREEN G. MCDONNELL
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CRIMINAL NO. 3:14-CR-00012
JUDGE JAMES R. SPENCER


DEFENDANT ROBERT F. MCDONNELLS MOTION #30
UNOPPOSED MOTION FOR ISSUANCE OF RULE 17(E) SUBPOENAS IN BLANK

Defendant Robert F. McDonnell, through undersigned counsel, moves the Court, in
accordance with Loc. Crim. R. 17(E) and Fed. R. Crim. P. 17(a), to order the issuance of twenty
blank subpoenas for trial witness appearances on the 18th day of August, 2014 through the end
of trial or until released, to testify on Mr. McDonnells behalf. The Clerks office advises that
requests for blank subpoenas must be made by motion to this Court; the Government does not
oppose this motion.
The issuance of the aforementioned subpoenas in blank is an important component of Mr.
McDonnells constitutional right to present a defense. As an initial matter, the Government is
not entitledat this stage of the pre-trial proceedingsto know whom the defense is calling as
its trial witnesses. Second, given the substantial press coverage and high-profile nature of this
case, the use of blank subpoenas will alleviate any unwanted media attention or harassment that
might otherwise befall publicly named witnesses who are not already under subpoena by the
parties. Third, during the course of the accuseds ongoing fact investigation, Mr. McDonnells
attorneys continue to meet with potential witnesses that they would like to immediately
subpoena, rather than incurring the unnecessary expense of later searching for such persons in
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order to effect service. And fourth, the prosecution is not required to file public notices of every
witness it has subpoenaed for trial. No good reason exists for lack of parity.
Accordingly, Mr. McDonnell seeks an Order granting his request for issuance of ten
blank subpoenas for trial witness appearances. A proposed Order is attached.

Dated: July 9, 2014 Respectfully submitted,
/s/ Jonathan A. Berry
Henry W. Asbill (pro hac vice)
Owen T. Conroy (pro hac vice)
James M. Burnham (pro hac vice)
Jonathan A. Berry (VSB No. 81864)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
John L. Brownlee (VSB No. 37358)
Timothy J. Taylor (VSB No. 84529)
HOLLAND & KNIGHT LLP
800 17th Street N.W.
Suite 1100
Washington, DC 20006
Telephone: (202) 828-1854
Facsimile: (202) 955-5564

Counsel for Robert F. McDonnell












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CERTIFICATE OF SERVICE

I, Jonathan A. Berry, am a member of the Bar of this Court. I hereby certify that on this
9th day of July, 2014, I caused the foregoing to be electronically filed with the Clerk of Court
using the CM/ECF system, causing it to be served on all registered users.

Dated: July 9, 2014 Respectfully submitted,
/s/ Jonathan A. Berry
Jonathan A. Berry (VSB No. 81864)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
Email: jberry@jonesday.com

Counsel for Robert F. McDonnell
























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