This guide reveals the inner workings of the federal grand jury, providing you with the most definitive guidance available. It contains an extensive practical discussion and analysis of the Justice Department's Federal Grand Jury Practice Manual. In one volume, the entire grand jury process is covered, including: Grand jury's investigative power -- Judiciary's supervisory authority over the grand jury -- Prosecutorial misconduct before the grand jury -- The grand jury's contempt powers -- The grand jury's power to punish for perjury and the obstruction of justice -- Grand jury administration -- Constitutional and common law privileges before the grand jury -- Subject-target procedures before the grand jury -- Immunity privileges -- Grand jury secrecy requirements -- And grand jury practice in all circuits.
Written by a federal district judge and former prosecutor who represented clients throughout the country in grand jury related litigation, Federal Grand Jury Practice and Procedure is designed to assist judges, prosecutors, and defense counsel through the complexities of federal grand jury practice and procedure. Concise, thorough, and well organized, Federal Grand Jury Practice and Procedure is an indispensable resource for every lawyer practicing criminal law in federal court today. This guide reveals the inner workings of the federal grand jury, providing you with the most definitive guidance available. It contains an extensive practical discussion and analysis of the Justice Department's Federal Grand Jury Practice Manual. In one volume, the entire grand jury process is covered, including: Grand jury's investigative power; Judiciary's supervisory authority over the grand jury; Prosecutorial misconduct before the grand jury; The grand jury's contempt powers; The grand jury's power to punish for perjury and the obstruction of justice; Grand jury administration; Constitutional and common law privileges before the grand jury; Subject-target procedures before the grand jury; Immunity privileges; Grand jury secrecy requirements; and Grand jury practice in all circuits.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.
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