A question about Grand Juries

[dsc]

Is the testimony in a grand jury really secret from law enforcement? I find this hard to believe but Rush Limbaugh claimed that the FBI couldn't have access to Grand Jury testimony in the 93 WTC bombing case. Any lawyers know this one?

[thom1102]

1. Not a lawyer,

but sounds like bunk to me. I would think that FBI would have people with high enough security clearance that they would be cleared to access those records (since the records were sealed for national security reasons).

[ChrisNYC]

2. He's right (Sort of)

Grand hury proceedings are secret. The DOJ would have to show a "particularized need" in order to obtain access to grand jury materials. However, not knowing the specifics, I can't imagine the DOJ would have hard a hard time showing such a need...

[LiberalLibra]

3. A judge can "seal" or release anything a grand jury decides or hears......

....if he/she so chooses. In this particular case I'd venture to guess that Limbag is really trying to say is "the American people have no right to the testimony/findings." Even in that case he would be partically right and partially wrong. With good reason any national security info should be sealed from the general public but NOT from the FBI for god's sake.

[aquart]

4. The witnesses can tell anyone they want what they said.

It's the jurors who can't ever tell.

[patcox2]

5. Limbaugh's statement is absurd and misleading.

It is true that the testimony given before a grand jury is secret. That just means the jury can't tell what they heard and the transcripts aren't released. But the witnesses aren't forbidden from telling their story elsewhere, they can be interviewed by the FBI.

But really, its just crazy to suggest that the secrecy of grand jury can hinder a prosecutor's investigation. Remember, the only side that gets to testify before a grand jury is the prosecution, the cops, and their witnesses. There is no defense case presented to a grand jury.

So everything presented to a grand jury is already known to a prosecutor. To suggest that a government prosecution was hindered by grand jury secrecy is simply crazy stupid and absurd. The Government puts on all the evidence before a grand jury.

Sometimes if a local DA makes a grand jury presentation he may refuse to cooperate with the FBI, but thats a case of petty turf battles within law enforcement, the fault doesn't lie with grand jury secrecy.

The whole issue is a red herring, its not relevant, its absurd to suggest that grand jury secrecy ever hindered an investigation.