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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

I just got a subpoena (#3): Can I give the grand jury more than they asked for?

Here I am again with a few more (I hope, the last) questions. When one is a witness being questioned by the US Attorney for a special federal grand jury can one insist upon having additional information not requested entered into the record? Witness involved has a professional relationship to the subject of the investigation and is aware of aspects of the investigation that the jurors may be ignorant of, or said information may even have been intentionally withheld from them. Are there any precedents in law related to this sort of thing? Are there any legal sanctions possible against any US Attorney who might have intentionally withheld information from jurors that could exonerate the citizen being investigated? Is there any way to prove such a circumstance?

Response: (1) Again, GET A LAWYER! You're raising some very complex issues here, and you need someone to represent you. Anything I say is of necessity very general information; you need someone to represent you and give you legal advice in terms of how to deal with the specifics of this situation.

(2) As to your questions about additional information, you seem to be asking if you can be allowed to give/if you can insist on giving the grand jury information which is exculpatory, e.g., which would show that no crime has been committed. There is a U.S. Supreme Court opinion (U.S. v. Williams–there’s a link to it in the federal part of the website) which says that a court cannot force a federal prosecutor to produce such evidence for a grand jury's consideration. That does not mean a prosecutor cannot do so if he or she wants to. GET A LAWYER (Am I making myself clear, here?) and your lawyer can discuss this with the prosecutor and see what he/she can accomplish. (The lawyer can argue to the prosecutor that presenting such evidence can prevent the grand jury from indicting in an instance when no crime has been committed; if the evidence shows that, the prosecutor should be willing to produce it, as prosecutors normally do not want to get an indictment that will only result in an acquittal (and defeat for them) at trial.

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