responsibility. The Court in denying the Marshall's appeal from its habeas corpus order stated that the rights involved were federal in nature and that the Marshall's office raison d'etre is service to the federal forum in civil as well as criminal litigation. Ballard, supra at 481. It further stated that whatever funds were needed could come from the office's contingency fund. In the case of a Congressional petition the economic problem is even less of an issue since the Committee could readily re-imburse the Marshall's Office for any expense incurred in production and security of the witness. Aside from normal problems of administration and coordination there seems to be no legal obstacles to the Committee's using the office and expertise of the Marshall's service in securing the production, and safety of its prisoner-witness. 2. Sample Petition for Writ of Habeas Corpus Ad Testificandum UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA In the Matter of the Application of UNITED STATES HOUSE OF REPRESENTATIVES ) Misc. No.78-0226 PETITION FOR A WRIT OF HABEAS CORPUS AD TESTIFICANDUM The Select Committee on Assassinations of the United States House of Representatives hereby petitions for a Writ of Habeas Corpus Ad Testificandum. 1. Mr. James Earl Ray will be subpoenaed to appear before the Select Committee on Assassinations of the United States House of Representatives on August 16, 1978. 2. Mr. Ray is currently incarcerated at Brushy Mountain State Penitentiary, Petros, Tennessee. Mr. Stoney Lane is the Warden of Brushy Mountain State Penitentiary. 3. The full Select Committee, on June 28, 1978, approved this filing of this Petition for a Writ of Habeas Corpus. WHEREFORE the Committee respectfully requests that this court issue a Writ of Habeas Corpus Ad Testificandum directed to the United States Marshall for the District of Columbia; the United States Marshall for the District of Tennessee; and Stoney Lane, Warden of the Brushy Mountain State Penetentiary, Petros, Tennessee ordering the release of Mr. James Earl Ray into the custody of the United States Marshall for the District of Columbia or his deputy for Date: 7-12-78 Respectfully submitted, 12. Robert Slaby G. Robert Blakey Chief Counsel and Director Select Committee on Assassinations U.S. House of Representatives 3. Sample Writ of Habeas Corpus Ad Testificandum UNITED STATES DISTRICT COURT In the Matter of the Application of > UNITED STATES HOUSE OF REPRESENTATIVES ) TO: WRIT OF HABEAS CORPUS AD TESTIFICANDUM Misc. No. 78-6226 FILED JUL. 12 1978 JAMES F. DAVEY, Clerk United States Marshall, District of Columbia; Penitentiary, Petros, Tennessee You are hereby commanded to produce, on August 16, 1978, the body of James Earl Ray by you imprisoned and detained, to the United States Marshall of the District of Columbia or his authorized deputy, so that the United States Marshall or his deputy may produce Mr. Ray under safe and secure conduct before the Select Committee on Assassinations of the United States House of Representatives in order that Mr. Ray may appear and testify pursuant to subpoena before the full Committee on August 16, 1978 in a room in Washington, D. C. to be selected by the full Committee, and then upon completion of the hearing or until the full Committee no longer requires Mr. Ray's presence, he be returned to the United States Marshall or one of his deputies to the custody of whence he came. |