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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.

 

Starr and grand jury secrecy:

Did Starr violate the law with regards to Grand Jury secrecy or not . . . ? I haven't the slightest idea of what the case law really is and quite frankly I don't trust most of the spin coming out of the media. . . .

Response:  From what Steven Brill said in his article, it seems prosecutors did release information that would be protected by grand jury secrecy--Starr disagrees because he is taking a very narrow view of grand jury secrecy.  The usual standard is that secrecy protects any information that would reveal what (and who) the grand jury is investigating, and the information Starr apparently released would do that.  Starr seems to argue that secrecy only protects what actually went on in front of a grand jury, like what a witness testified to.   While a court might very well disagree with him, and find that he violated secrecy, it is very unlikely that the matter will ever be pursued to the point that a court rules on it.

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