Like the Strategic Air Command of yore, grand juries are in a state of continuous empanelment. Witnesses, including former presidents of the United States, testify with the expectation that the proceedings are secret, subject to certain delineated exceptions. On July 29, 2011, a federal district court judge ruled that transcripts of Richard M. Nixon’s grand jury testimony related to the Watergate scandal—given with the expectation that it would remain secret—should be released to the public.1 The decision revisits long-standing questions regarding the extent of a trial judge’s discretion to release grand jury transcripts.
Since the decision, the Justice Department has proposed an amendment to Rule 6(e) of the Federal Rules of Criminal Procedure, which codifies the rule of grand jury secrecy and exceptions thereto, in an attempt to confine a court’s discretion. The Nixon case provides an opportunity to review the law of grand jury secrecy and instances in which a federal court may order the release of grand jury records.
Governing Statute
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