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Response: In the federal system, the principle of grand jury secrecy
established by Rule 6(e) of the Federal Rules of Criminal Procedure has been held, by
lower federal courts, to encompass the names of grand jurors. This means it is not
possible for you to find out who served on the Clinton-Lewinsky grand jury.
In the
Watergate era, Carl Bernstein managed to get the names of the Watergate grand jurors by
looking through a file in the court house, surreptitiously (he pretended to be looking at
other things). He and Bob Woodward then tried to interview the grand jurors, their efforts
were reported, and a judge criticized them for what they did and warned them not to pursue
it. They were lucky the judge didn't hold them in contempt.
Interestingly, a few years after President Nixon had resigned and the whole Watergate
affair was over, several magazines did stories looking back on the investigation. In some
of those stories, jurors who served on the grand jury that investigated the Watergate
break-in and that indicted Mitchell and the other Watergate defendants were interviewed
about the grand jurys work. Several of those jurors were quoted as saying they had
wanted to indict then-President Nixon but were persuaded not to do so by prosecutors. This
was clearly a breach of grand jury secrecy, even though time had passed, but no one raised
it. |