[Congressional Record Volume 144, Number 79 (Wednesday, June 17, 1998)]
[Extensions of Remarks]
[Page E1155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      FEDERAL LIMITATIONS ON DISCLOSURE OF GRAND JURY INFORMATION

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Wednesday, June 17, 1998

  Mr. CONYERS. Mr. Speaker, Rule 6(e)(2) of the Federal Rules of 
Criminal Procedure governs the secrecy of grand jury information. It 
provides:

       ``A grand juror, an interpreter, a stenographer, an 
     operator of a recording device, a typist who transcribes 
     recorded testimony, an attorney for the government, or any 
     person to whom disclosure is made under paragraph (3)(A)(ii) 
     of this subdivision shall not disclose matters occurring 
     before the grand jury, except as otherwise provided for in 
     these rules. No obligation of secrecy may be imposed on any 
     person except in accordance with this rule. A knowing 
     violation of Rule 6 may be punished as a contempt of court.''

  In a case called In re Motions of Dow Jones & Company, which was 
decided in May of this year, the D.C. Circuit wrote that Rule 6(e) 
reaches ``not only what has occurred and what is occurring, but also 
what is likely to occur. Encompassed within the rule of secrecy are the 
identities of witnesses or jurors, the substance of testimony as well 
as actual transcripts, the strategy or direction of the investigation, 
the deliberations or questions of jurors, and the like.'' The Dow Jones 
decision involved a request by media organizations for access to court 
hearings and pleadings regarding Mr. Starr's investigation of the 
President.
  The rule and the Dow Jones case make clear that an Independent 
Counsel may not disclose evidence or testimony that he or she 
reasonably expects to be presented to a grand jury.

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