Armstrong v. Executive Office of the President

holding § 440(a) applicable to pending petitions because “unlike situations where retro-activity would affect pre-existing rights, withdrawal of jurisdiction, although realistically disrupting settled expectations, does not preserve pending litigation” | assuming that materiality is a matter for the jury, reversal inappropriate because error was harmless | presenting question whether court of appeals is required to raise procedural default | presenting question whether court of appeals is required to raise procedural default | testimony from female employees concerning sexual relationship with defendant admissible pursuant to Rule 404(b