First Amendment Transparency vs. Grand Jury Secrecy: Does Eliot Spitzer’s Vindication Hang in the Balance?
On February 19, 2009, US District Judge Jed Rakoff ordered the US Attorney’s Office, SDNY, to turn over Grand Jury materials to the New York Times. This is reported to be the first time that a federal judge has issued such an order. Although I have written before that federal statues dealing with Grand Jury secrecy allow for the materials to be turned over for use in “another proceeding” , or in the interests of justice and case law, this ruling has expanded the definition of “another proceed
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