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Business Crimes BulletinColumns & DepartmentsLitigationWhite Collar Crime

Business Crimes Hotline

By Surya Kundu

To Release or Not Release Grand Jury Documents? The D.C. Circuit Says No.

In a decision that some believe may have massive implications for the release of the Mueller Report, the D.C. Circuit recently ruled that courts lack discretion to release documents provided to grand juries.

The split 2:1 decision dealt with an investigation from 1957, that of the disappearance of a political activist and Columbia University professor, Jesus de Galidez. Mr. Galindez's disappearance and death is the subject of an upcoming book by Stuart McKeever, a former attorney turned non-fiction writer. Mr. McKeever sought the documents from the initial grand jury investigation into Mr. Galindez's case for use in his next publication, and petitioned a lower court for their release. The release had been denied for being overly broad in its scope. In denying the request, however, the district court noted that it had the inherent authority to disclose these and other grand jury records in cases of historical significant. The Justice Department Appealed.

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