NCJ Number
18150
Journal
St John's Law Review Volume: 48 Issue: 2 Dated: (DECEMBER 1973) Pages: 397-404
Date Published
1973
Length
8 pages
Annotation
CONSIDERS A SECOND CIRCUIT COURT OF APPEALS CASE THAT RELATES TO THE GROUNDS FOR DISCLOSURE OF GRAND JURY TESTIMONY.
Abstract
ON APRIL 18, 1973 THE NEW YORK TIMES PUBLISHED A STORY INDICATING THAT MARIO BIAGGI, WHO WAS THEN INVOLVED IN A CAMPAIGN FOR THE MAYORALTY OF NEW YORK CITY, HAD INVOKED THE FIFTH AMENDMENT DURING QUESTIONING BEFORE A FEDERAL GRAND JURY ON OCTOBER 29 AND NOVEMBER 26, 1971. THE CHARGE WAS DENIED BY BIAGGI, AND HE ANNOUNCED HIS INTENTION TO MOVE FOR A THREE-JUDGE DISTRICT COURT EXAMINATION OF HIS GRAND JURY TESTIMONY. BEFORE BIAGGI ACTED, THE UNITED STATES ATTORNEY FILED A MOTION FOR DISCLOSURE OF THE GRAND JURY TESTIMONY OF NOVEMBER 26TH WITH NAMES OF THIRD PERSONS DELETED. THE DISTRICT JUDGE GRANTED THE GOVERNMENT'S MOTION AND DENIED BIAGGI'S. THE ORDER WAS STAYED PENDING A SPEEDY DETERMINATION ON APPEAL. BIAGGI MOVED BEFORE THE DISTRICT JUDGE FOR FULL DISCLOSURE OF TESTIMONY WITH DELETION OF NAMES TO AVOID SPECULATION. HIS MOTION WAS DENIED. IN APPEAL THE SECOND CIRCUIT COURT AFFIRMED THE DISTRICT COURT DECISION WHILE ACKNOWLEDGING THAT THE CONTEXT OF THE REQUEST FOR DISCLOSURE OF THE GRAND JURY TESTIMONY DID NOT CONFORM TO THE RELEVANT RULES IN THE FEDERAL RULES OF CRIMINAL PROCEDURE. THE CIRCUIT COURT'S RULING CONCLUDED THAT EACH OF THE PARTIES AFFECTED HAD WAIVED THE SECRECY PROTECTION. THE DISSENT REASONED THAT THE COURT OUGHT NOT ADD ANOTHER EXCEPTION TO THE SECRECY DOCTRINE AND FAVORED NO DISCLOSURE AT ALL. THE AUTHOR AGREES WITH THE REASONING OF THE DISSENT AND CONSIDERS THE COURT'S RULING AS INAPPROPRIATELY RESPONSIVE TO POLITICAL MACHINATIONS.