|Response: (1) First of all, you should get a lawyer to advise you
about all this. I can give you some general information, but I do not know everything that
is involved here, and so cannot act as your legal adviser.
(2) Generally, if the box for
testifying is not marked, it usually means they only want the documents to be produced
now. That does not mean you cannot be re-subpoenaed to testify at a later date. However,
rather than simply operating on that assumption, you should get a lawyer and the lawyer
should call the prosecutor to find out exactly what the grand jury wants from you.
Its much better to do this than to have a misunderstanding with the grand jury.
(3) As to testifying, your lawyer can speak to the prosecutor and inquire as to whether
or not you or someone else who has not been subpoenaed can testify. If the prosecutor
declines to let you testify, there is nothing that requires the prosecutor to let you do
so, so you can't go into court to enforce your right to appear. You can ask to be allowed
to appear; discuss this with your lawyer. In many districts, your lawyer can contact the
court that supervises the grand jury and rely your request to appear through the court. Do
not contact the grand jury directly; a federal statute makes it a crime to communicate
with a grand jury (in writing) with the intent to influence their activities. Prosecutions
under the statute are rare, but not unheard of.