The following excerpt is from U.S. v. Y. Hata & Co., Ltd., 535 F.2d 508 (9th Cir. 1976):
The argument is both novel and without merit. The pretrial publicity issue pertains to the ultimate fairness of the trial, not to the conduct of the government in promoting the prosecution. See United States v. Abbott Laboratories, Inc., 505 F.2d 565, 571 (4th Cir. 1974). By conceding that the jury was "impartial," the appellants thereby conceded that pretrial publicity did not negative the fairness of the trial.
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