The case has been watched closely for any potential impact on the Mueller report, and the ruling endorsed the release of grand-jury material to the House.
By Tom Jackman and Tom Jackman Reporter covering criminal justice locally and nationally Email Bio Follow Spencer S. Hsu Spencer S. Hsu Investigative reporter Email Bio Follow April 5 at 5:35 PM The federal appeals court in Washington on Friday ruled that grand-jury testimony and information may be disclosed only to prosecutors, defendants and other grand juries and that judges may not carve out exceptions to the secrecy already mandated by the Federal Rules of Criminal Procedure.
Within two hours of Friday’s ruling, the government had already noted the appeals court’s opinion in a court filing opposing a petition by three prominent legal analysts seeking to further unseal grand-jury materials gathered by special prosecutor Leon Jaworski in the legal case against Nixon. A district judge in Washington in October ordered Jaworski’s “road map” report to Congress unsealed.
The Federal Rules of Criminal Procedure, Rule 6 discusses who must maintain absolute secrecy when discussing grand-jury matters — grand jurors, court reporters, prosecutors — and the exceptions to that secrecy. Ginsburg wrote the rule is absolute and that district judges have no authority to create exceptions for authors, journalists, analysts or anyone else.
McKeever appealed, and the case was being watched closely for its possible impact on the Mueller investigation. In the meantime, Attorney General William P. Barr has withheld releasing Mueller’s report, to Congress or the public, until he can redact items from the report that are related to the grand jury.
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