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Response: The answer to your
question is, "it depends." A federal district court recently
released PARTS of the transcripts of the federal grand jury's inquiry
into the Alger Hiss treason investigation, which occurred over fifty
years ago. The court selectively released parts of the transcripts in
response to a motion from a historical researcher, who was supported
by various distinguished historical associations. The court did not,
however, release all the transcripts, nor did it do so without going
through a detailed analysis and finding that the release of the
sections at issue was permissible.
All of which illustrates, as I've always said, that there's no half
life for grand jury secrecy. That is, grand jury secrecy is
presumptively eternal--it takes a lot to get past it. If someone wants
access to these transcripts, they'll have to show particularized need
for them (i.e., that they need specific, identified portions of the
transcripts to avoid injustice in a pending judicial proceeding or,
after the Alger Hiss case, apparently for valid scholarly inquiry),
and convince a court of that. They'll also have to show that the
reasons for secrecy (preventing flight of guilty parties, preventing
tampering with grand jurors, encouraging witnesses to testify fully)
are no longer compelling. |