Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
170 replies
= new reply since forum marked as read
= new reply since forum marked as read
because if it was, the AP would not know about it.
According to Electronic Frontier Foundation senior staff attorney Kurt Opsahl, the most likely mechanism for Justice acquiring the information was a grand jury subpoena. (The Huffington Post's Ryan Reilly pointed to the form that Justice's attorney would have had to complete for a "Media Subpoena Request."
While the process is more involved for media organizations than for other witnesses in criminal cases — for example, the Attorney General must personally approve it — Opsahl told us that he considered it the most likely route. If the government had employed a more exotic form of request, such as a national security letter, it's likely the AP still wouldn't know that data had been collected. In the case of a grand jury subpoena, the government must notify the party that it has collected the information.
http://www.theatlanticwire.com/politics/2013/05/justice-department-ap-phone-records/65184/
While the process is more involved for media organizations than for other witnesses in criminal cases — for example, the Attorney General must personally approve it — Opsahl told us that he considered it the most likely route. If the government had employed a more exotic form of request, such as a national security letter, it's likely the AP still wouldn't know that data had been collected. In the case of a grand jury subpoena, the government must notify the party that it has collected the information.
http://www.theatlanticwire.com/politics/2013/05/justice-department-ap-phone-records/65184/
I wonder who is going to get called by the grand jury.
CYA!!
Well, just look at you, with your infantile perfect grammar and spelling! Best leave the investigating to the professionals. 
Sid
I think we'll hear some squealing 'round these parts as well. 
And share that popcorn. . . I'll bring some Toffifay and wine - okey dokey?
works for me...
I have most of those you described on Ignore.. so it looks pretty clean around here to me. 
Does this mean I should wait to find out the facts before launching an attack? How boring. 
The interesting part will be finding out which one.
I've looked at Rule 6(e)(3) of Federal Criminal Procedure several times, and I do not see the exception to the rule that a GJ witness may disclose his knowledge of the proceedings. However, I think what you are referring to is "Rule 6."
6(b)(2)(A) states that no secrecy may be imposed in a Grand Jury except upon jurors, court personnel, and gov't lawyers. That is restated in Chapter 2 of the DOJ Grand Jury Manual, as follows: http://www.justice.gov/atr/public/guidelines/206584.htm
K. Non-Disclosure Orders
Restrictions on witnesses
Witnesses may not be put under any obligation of secrecy because Rule 6(e) specifically prohibits any obligation of secrecy from being "imposed on any person except in accordance with this rule."
173) Consequently, witnesses are free to discuss their testimony with their own counsel, counsel for potential targets or anyone else they so choose. In appropriate circumstances, the grand jury foreman or the Government attorney may request that a witness not make any unnecessary disclosures because of possible interference with the investigation. However, when making such a request, it should be extremely clear that it is a request only and not a command and that the person making the request uses no express or implied coercion.
Restrictions on witnesses
Witnesses may not be put under any obligation of secrecy because Rule 6(e) specifically prohibits any obligation of secrecy from being "imposed on any person except in accordance with this rule."
173) Consequently, witnesses are free to discuss their testimony with their own counsel, counsel for potential targets or anyone else they so choose. In appropriate circumstances, the grand jury foreman or the Government attorney may request that a witness not make any unnecessary disclosures because of possible interference with the investigation. However, when making such a request, it should be extremely clear that it is a request only and not a command and that the person making the request uses no express or implied coercion.
6(b)(4), however, dealing with sealed indictments imposes secrecy requirements on persons but that relates only to disclosure of the existence of the indictment until the subject is in custody or released. Related to this, Rule 6 -- 6(b)(6) -- states that records of a sealed indictment, including subpoenas, may also be sealed (made secret). See, below. It may be possible that if a sealed indictment has already been returned, further subpoenas and testimony could also be sealed. However, witnesses would be free to talk about receipt of such a sealed subpoena, to coin that term.
Here: http://www.law.cornell.edu/rules/frcrmp/rule_6
(e) Recording and Disclosing the Proceedings.
(1) Recording the Proceedings. Except while the grand jury is deliberating or voting, all proceedings must be recorded by a court reporter or by a suitable recording device. But the validity of a prosecution is not affected by the unintentional failure to make a recording. Unless the court orders otherwise, an attorney for the government will retain control of the recording, the reporter's notes, and any transcript prepared from those notes.
(2) Secrecy.
(A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).
(B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:
(i) a grand juror;
(ii) an interpreter;
(iii) a court reporter;
(iv) an operator of a recording device;
(v) a person who transcribes recorded testimony;
(vi) an attorney for the government; or
(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).
(3) Exceptions.
(A) Disclosure of a grand-jury matter—other than the grand jury's deliberations or any grand juror's vote—may be made to:
(i) an attorney for the government for use in performing that attorney's duty;
(ii) any government personnel—including those of a state, state subdivision, Indian tribe, or foreign government—that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law; or
(iii) a person authorized by 18 U.S.C. §3322.
(B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii) may use that information only to assist an attorney for the government in performing that attorney's duty to enforce federal criminal law. An attorney for the government must promptly provide the court that impaneled the grand jury with the names of all persons to whom a disclosure has been made, and must certify that the attorney has advised those persons of their obligation of secrecy under this rule.
(C) An attorney for the government may disclose any grand-jury matter to another federal grand jury.
(D) An attorney for the government may disclose any grand-jury matter involving foreign intelligence, counterintelligence (as defined in 50 U.S.C. §401a), or foreign intelligence information (as defined in Rule 6(e)(3)(D)(iii)) to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official to assist the official receiving the information in the performance of that official's duties. An attorney for the government may also disclose any grand-jury matter involving, within the United States or elsewhere, a threat of attack or other grave hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by its agent, to any appropriate federal, state, state subdivision, Indian tribal, or foreign government official, for the purpose of preventing or responding to such threat or activities.
(i) Any official who receives information under Rule 6(e)(3)(D) may use the information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Any state, state subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only in a manner consistent with any guidelines issued by the Attorney General and the Director of National Intelligence.
(ii) Within a reasonable time after disclosure is made underRule 6(e)(3)(D), an attorney for the government must file, under seal, a notice with the court in the district where the grand jury convened stating that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.
(iii) As used in Rule 6(e)(3)(D), the term “foreign intelligence information” means:
(a) information, whether or not it concerns a United States person, that relates to the ability of the United States to protect against—
• actual or potential attack or other grave hostile acts of a foreign power or its agent;
• sabotage or international terrorism by a foreign power or its agent; or
• clandestine intelligence activities by an intelligence service or network of a foreign power or by its agent; or
(b) information, whether or not it concerns a United States person, with respect to a foreign power or foreign territory that relates to—
• the national defense or the security of the United States; or
• the conduct of the foreign affairs of the United States.
(E) The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter:
(i) preliminarily to or in connection with a judicial proceeding;
(ii) at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury;
(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation;
(iv) at the request of the government if it shows that the matter may disclose a violation of State, Indian tribal, or foreign criminal law, as long as the disclosure is to an appropriate state, state-subdivision, Indian tribal, or foreign government official for the purpose of enforcing that law; or
(v) at the request of the government if it shows that the matter may disclose a violation of military criminal law under the Uniform Code of Military Justice, as long as the disclosure is to an appropriate military official for the purpose of enforcing that law.
(F) A petition to disclose a grand-jury matter under Rule 6(e)(3)(E)(i) must be filed in the district where the grand jury convened. Unless the hearing is ex parte—as it may be when the government is the petitioner—the petitioner must serve the petition on, and the court must afford a reasonable opportunity to appear and be heard to:
(i) an attorney for the government;
(ii) the parties to the judicial proceeding; and
(iii) any other person whom the court may designate.
(G) If the petition to disclose arises out of a judicial proceeding in another district, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper. If the petitioned court decides to transfer, it must send to the transferee court the material sought to be disclosed, if feasible, and a written evaluation of the need for continued grand-jury secrecy. The transferee court must afford those persons identified in Rule 6(e)(3)(F) a reasonable opportunity to appear and be heard.
(4) Sealed Indictment. The magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment, and no person may disclose the indictment's existence except as necessary to issue or execute a warrant or summons.
(5) Closed Hearing. Subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent disclosure of a matter occurring before a grand jury.
(6) Sealed Records. Records, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury.
(7) Contempt. A knowing violation of Rule 6, or of any guidelines jointly issued by the Attorney General and the Director of National Intelligence under Rule 6, may be punished as a contempt of court.
(f) Indictment and Return. A grand jury may indict only if at least 12 jurors concur. The grand jury—or its foreperson or deputy foreperson—must return the indictment to a magistrate judge in open court
(1) Recording the Proceedings. Except while the grand jury is deliberating or voting, all proceedings must be recorded by a court reporter or by a suitable recording device. But the validity of a prosecution is not affected by the unintentional failure to make a recording. Unless the court orders otherwise, an attorney for the government will retain control of the recording, the reporter's notes, and any transcript prepared from those notes.
(2) Secrecy.
(A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).
(B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:
(i) a grand juror;
(ii) an interpreter;
(iii) a court reporter;
(iv) an operator of a recording device;
(v) a person who transcribes recorded testimony;
(vi) an attorney for the government; or
(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).
(3) Exceptions.
(A) Disclosure of a grand-jury matter—other than the grand jury's deliberations or any grand juror's vote—may be made to:
(i) an attorney for the government for use in performing that attorney's duty;
(ii) any government personnel—including those of a state, state subdivision, Indian tribe, or foreign government—that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law; or
(iii) a person authorized by 18 U.S.C. §3322.
(B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii) may use that information only to assist an attorney for the government in performing that attorney's duty to enforce federal criminal law. An attorney for the government must promptly provide the court that impaneled the grand jury with the names of all persons to whom a disclosure has been made, and must certify that the attorney has advised those persons of their obligation of secrecy under this rule.
(C) An attorney for the government may disclose any grand-jury matter to another federal grand jury.
(D) An attorney for the government may disclose any grand-jury matter involving foreign intelligence, counterintelligence (as defined in 50 U.S.C. §401a), or foreign intelligence information (as defined in Rule 6(e)(3)(D)(iii)) to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official to assist the official receiving the information in the performance of that official's duties. An attorney for the government may also disclose any grand-jury matter involving, within the United States or elsewhere, a threat of attack or other grave hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by its agent, to any appropriate federal, state, state subdivision, Indian tribal, or foreign government official, for the purpose of preventing or responding to such threat or activities.
(i) Any official who receives information under Rule 6(e)(3)(D) may use the information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Any state, state subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only in a manner consistent with any guidelines issued by the Attorney General and the Director of National Intelligence.
(ii) Within a reasonable time after disclosure is made underRule 6(e)(3)(D), an attorney for the government must file, under seal, a notice with the court in the district where the grand jury convened stating that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.
(iii) As used in Rule 6(e)(3)(D), the term “foreign intelligence information” means:
(a) information, whether or not it concerns a United States person, that relates to the ability of the United States to protect against—
• actual or potential attack or other grave hostile acts of a foreign power or its agent;
• sabotage or international terrorism by a foreign power or its agent; or
• clandestine intelligence activities by an intelligence service or network of a foreign power or by its agent; or
(b) information, whether or not it concerns a United States person, with respect to a foreign power or foreign territory that relates to—
• the national defense or the security of the United States; or
• the conduct of the foreign affairs of the United States.
(E) The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter:
(i) preliminarily to or in connection with a judicial proceeding;
(ii) at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury;
(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation;
(iv) at the request of the government if it shows that the matter may disclose a violation of State, Indian tribal, or foreign criminal law, as long as the disclosure is to an appropriate state, state-subdivision, Indian tribal, or foreign government official for the purpose of enforcing that law; or
(v) at the request of the government if it shows that the matter may disclose a violation of military criminal law under the Uniform Code of Military Justice, as long as the disclosure is to an appropriate military official for the purpose of enforcing that law.
(F) A petition to disclose a grand-jury matter under Rule 6(e)(3)(E)(i) must be filed in the district where the grand jury convened. Unless the hearing is ex parte—as it may be when the government is the petitioner—the petitioner must serve the petition on, and the court must afford a reasonable opportunity to appear and be heard to:
(i) an attorney for the government;
(ii) the parties to the judicial proceeding; and
(iii) any other person whom the court may designate.
(G) If the petition to disclose arises out of a judicial proceeding in another district, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper. If the petitioned court decides to transfer, it must send to the transferee court the material sought to be disclosed, if feasible, and a written evaluation of the need for continued grand-jury secrecy. The transferee court must afford those persons identified in Rule 6(e)(3)(F) a reasonable opportunity to appear and be heard.
(4) Sealed Indictment. The magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment, and no person may disclose the indictment's existence except as necessary to issue or execute a warrant or summons.
(5) Closed Hearing. Subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent disclosure of a matter occurring before a grand jury.
(6) Sealed Records. Records, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury.
(7) Contempt. A knowing violation of Rule 6, or of any guidelines jointly issued by the Attorney General and the Director of National Intelligence under Rule 6, may be punished as a contempt of court.
(f) Indictment and Return. A grand jury may indict only if at least 12 jurors concur. The grand jury—or its foreperson or deputy foreperson—must return the indictment to a magistrate judge in open court
I admit that I still don't know everything, yet, and sometimes I'm even capable of learning new things.
Hubba, hubba . . . 
Sid
If so, this could get very interesting!
to a letter but never printing it....
And, as you note, the AG needed to sign off. Well, yes that is the procedure for a press subpoena issuing out of a grand jury, pursuant to 28 CFR 50.10 . Please note that if you don't believe me, the EFF explains that this is probably coming out of the grand jury quite nicely---
According to Electronic Frontier Foundation senior staff attorney Kurt Opsahl, the most likely mechanism for Justice acquiring the information was a grand jury subpoena. (The Huffington Post's Ryan Reilly pointed to the form that Justice's attorney would have had to complete for a "Media Subpoena Request." While the process is more involved for media organizations than for other witnesses in criminal cases — for example, the Attorney General must personally approve it — Opsahl told us that he considered it the most likely route. If the government had employed a more exotic form of request, such as a national security letter, it's likely the AP still wouldn't know that data had been collected. In the case of a grand jury subpoena, the government must notify the party that it has collected the information.
http://www.theatlanticwire.com/politics/2013/05/justice-department-ap-phone-records/65184/
While the process is more involved for media organizations than for other witnesses in criminal cases — for example, the Attorney General must personally approve it — Opsahl told us that he considered it the most likely route. If the government had employed a more exotic form of request, such as a national security letter, it's likely the AP still wouldn't know that data had been collected. In the case of a grand jury subpoena, the government must notify the party that it has collected the information.
http://www.theatlanticwire.com/politics/2013/05/justice-department-ap-phone-records/65184/
And here's the issuing statute--
http://www.gpo.gov/fdsys/pkg/CFR-2010-title28-vol2/pdf/CFR-2010-title28-vol2-sec50-10.pdf
But I'd like to see that whole letter. Why hasn't it been printed?
And government agencies, and of course the situation where the Coporate Persons can buy candidates, all that translates into what Eisenhower originally called the Military/Industrial/Governmental complex.
One of the first things out of Bill Casey's mouth when he was made head of the CIA in the 1980's was a quote to the effect that over the next 15 years, everything the press would tell the American people would be a lie.
If something is touted as a headline, I really begin to believe the opposite is true.
In one instance, that regarding the gas additive MTBE, I did a detailed and multi-year account of how the Big Media forces handled the situation. This is why I am so very dubious of what our press says, at all times, about everything. (Other than one of the fluff stories, like "Golden Retrievers make good pets."
The piece is a good read, so feel free to see what you think when/if you have a chance:
http://www.dailykos.com/story/2008/06/22/540267/-The-TRUTH-Versus-the-Mainstream-Media
But, nothing these fucking fuckers do shocks me any more.
