In Re Barry Tarlow, on Petition for Habeas Corpus v. Honorable Manuel L. Real, United States District Judge

CHAMBERS, Circuit Judge

(concurring and dissenting) :

In the holding of the majority that counsel’s claim for immunity was not well taken I concur.

In my view the “stay” heretofore issued was improvidently granted. It *1381should be terminated immediately. I do not think we should invite the trial court to follow a course that will permit counsel to extricate himself from his mistaken notions of the law.

We should have ere now removed any restraints on the district court. I cannot vote to continue any. Ordinarily we commit egregious error when we interfere midway in the trial of a case. There may be now and then a case where we should do so. This is not it.