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The full case caption appears at the end of this opinion.

Posner, Chief Judge. These appeals grow out of aclass action antitrust suit that is pending in afederal district court in Illinois. The suit isby purchasers from Archer Daniels Midland andother manufacturers and charges price fixing. Inan earlier criminal investigation of the allegedprice-fixing conspiracy, an investigation thatled to criminal proceedings unnecessary todiscuss here, an ADM vice president namedWhitacre made a number of secret recordings bothof face-to-face conversations, and telephoneconversations, with persons who he thought mightbe (and most of them were, but not intervenorRandall) involved in the conspiracy. He did thisunder unusual circumstances. He had beendefrauding ADM and apparently wanted to deflectthe FBI’s suspicions and so reported hisemployer’s price fixing to the FBI and suggestedthat he tape record incriminating conversations.The FBI agreed. Some of the recordings were usedin the criminal proceedings but many were not,and those that were not remain in the files ofthe Justice Department. The plaintiffs in theclass action have subpoenaed those recordings.ADM resisted the subpoena, along with its formeremployee Randall who though not implicated in theprice fixing fears that some of the recordingscontain embarrassing statements by him onunrelated matters. The Justice Department has noobjection to releasing the recordings to theplaintiffs. The district judge ruled that theplaintiffs are entitled to them but, in the caseof the telephone conversations, not until thetrial. His ruling is before us under 28 U.S.C.sec. 1292(b).

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