GRAND JURY SECRECY - WAIVER AND THE PUBLIC INTEREST. IN RE BIAGGI, 478 F 2D 489 (2D CIR 1973)

• NCJ Number: 17864
• Journal: Washington University Law Quarterly Volume: 1974 Issue: 1 Dated: (1974) Pages: 153-163
• Author(s): ANON
• Date Published: 1974
• Length: 11 pages
• Corporate Author: Washington University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN THIS CASE, THE COURT HELD THAT A FEDERAL DISTRICT COURT MAY ORDER DISCLOSURE OF GRAND JURY WITNESS' TESTIMONY IF PUBLIC INTEREST REQUIRES DISCLOSURE AND THE WITNESS WAIVES HIS RIGHT TO HAVE MINUTES REMAIN SECRET.

Abstract

THE SECOND CIRCUIT COURT OF APPEALS ALSO REQUIRED THE CONSENT OF THE GOVERNMENT. THE AUTHOR POINTS OUT THAT BIAGGI CREATED A FOURTH EXCEPTION TO RULE 6(B) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, WHICH PROHIBITS DISCLOSURE OF GRAND JURY DELIBERATIONS OR THE VOTES OF GRAND JURIES. HE CONCLUDES THAT THE EFFECT OF THE CASE, IF LIMITED TO ITS APPLICATION OF THE WAIVER DOCTRINE AND SUBSEQUENT DISCLOSURE OF REDACTED TRANSCRIPTS, IS MINIMAL. HOWEVER, HE SUGGESTS THAT THE VALUE OF BIAGGI AS PRECEDENT TO OTHER PETITIONERS SEEKING DISCLOSURE OF GRAND JURY TESTIMONY IS SUBSTANTIAL, SINCE THE HOLDING, BROADLY INTERPRETED, AUTHORIZES DISCLOSURE BEYOND THE PURVIEW OF RULE 6(E). SPECIFICALLY, THE COURT REMOVED THE PUBLIC INTEREST LIMITATION FROM THE JUDICIAL PROCEEDING CONTEXT AND APPLIED IT AS A GRANT OF POWER, AND REDEFINED DISCLOSURE AS USED IN RULE 6(E) TO MEAN DISCLOSURE TO THE PUBLIC. (AUTHOR ABSTRACT MODIFIED)