United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight PDF Author: Congressional Research Service
Publisher: Independently Published
ISBN: 9781794510456
Category : Law
Languages : en
Pages : 54

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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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Handbook for federal grand jurors

Handbook for federal grand jurors PDF Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 24

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In Re Disclosure of Grand Jury Material

In Re Disclosure of Grand Jury Material PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 40

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In Re Grand Jury Proceedings "Operation Gateway"

In Re Grand Jury Proceedings Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 114

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In Re Grand Jury Proceedings

In Re Grand Jury Proceedings PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 22

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Federal Grand Jury Practice Manual

Federal Grand Jury Practice Manual PDF Author:
Publisher:
ISBN:
Category : Grand jury
Languages : en
Pages : 416

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Book Description


State of War

State of War PDF Author: James Risen
Publisher: Simon and Schuster
ISBN: 1847375111
Category : Social Science
Languages : en
Pages : 356

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Book Description
With relentless media coverage, breathtaking events, and extraordinary congressional and independent investigations, it is hard to believe that we might not know some of the most significant facts about the presidency of George W. Bush. Yet beneath the surface events of the Bush presidency lies a secret history -- a series of hidden events that makes a mockery of many of the stories on the surface. This hidden history involves domestic spying, abuses of power, and outrageous operations. It includes a CIA that became caught in a political crossfire it could not withstand, even against the wishes of the commander-in-chief. It features a president who created a sphere of deniability, in which his top aides were briefed on matters of the utmost sensitivity -- but the president was carefully kept in ignorance. STATE OF WAR reveals this hidden history for the first time, including scandals that will redefine the Bush presidency.

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime - Third Edition

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime - Third Edition PDF Author: Jimmy Gurulé
Publisher: Juris Publishing, Inc.
ISBN: 1578233372
Category : Law
Languages : en
Pages : 914

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Book Description
Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.