Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
Book Description
Congressional Record
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
Book Description
Report of the Secretary of the Senate
Author: United States. Congress. Senate
Publisher:
ISBN:
Category :
Languages : en
Pages : 1202
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 1202
Book Description
Register of Debates in Congress
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 488
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 488
Book Description
How Our Laws are Made
Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
Book Description
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
Book Description
Journal of the Congress of the Confederate States of America
Author: Confederate States of America. Congress
Publisher:
ISBN:
Category : Confederate States of America
Languages : en
Pages : 552
Book Description
Publisher:
ISBN:
Category : Confederate States of America
Languages : en
Pages : 552
Book Description
Alexander Hamilton's Famous Report on Manufactures
Author: United States. Department of the Treasury
Publisher:
ISBN:
Category : Manufactures
Languages : en
Pages : 100
Book Description
Publisher:
ISBN:
Category : Manufactures
Languages : en
Pages : 100
Book Description
A Failure of Initiative
Author: United States. Congress. House. Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina
Publisher:
ISBN:
Category : Disaster relief
Languages : en
Pages : 588
Book Description
Publisher:
ISBN:
Category : Disaster relief
Languages : en
Pages : 588
Book Description
Journal of William Maclay, United States Senator from Pennsylvania, 1789-1791
Author: William Maclay
Publisher: New York, D. Appleton
ISBN:
Category : History
Languages : en
Pages : 468
Book Description
Publisher: New York, D. Appleton
ISBN:
Category : History
Languages : en
Pages : 468
Book Description
Guidelines Manual
Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 24
Book Description
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 24
Book Description
Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight
Author: Congressional Research Service
Publisher: Independently Published
ISBN: 9781794510456
Category : Law
Languages : en
Pages : 54
Book Description
Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.
Publisher: Independently Published
ISBN: 9781794510456
Category : Law
Languages : en
Pages : 54
Book Description
Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.