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There is no conceivable interest in confidentiality in the present case. In July 2004, Branzburg was cited as precedent by United States District Court Chief Judge Thomas Hogan in a memorandum opinion denying a motion to quash two grand jury subpoenas issued to reporters.
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
Although the government is obliged to make a record of all testimony before the grand jury, it is under no obligation to create producible material under the Jencks Act by calling key witnesses before the grand jury. [56] [57] The provision of the Jencks Act relating to disclosure of a witness' grand jury testimony address only disclosure at trial.
Witnesses compelled by subpoena to appear before a grand jury are entitled to receive immunity in exchange for their testimony. The grant of immunity impairs the witness's right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify.
WASHINGTON — A subpoena recently issued ... of Representatives that the office of the sergeant at arms for the House of Representatives has been served with a grand jury subpoena for documents ...
The Department of Justice used a grand jury subpoena to obtain CCTV security footage from the Atlanta, Georgia arena where ballots were counted following the 2020 election, indicating that federal ...
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. [1]
A grand jury's constitutional role is to prevent prosecutorial misconduct, verifying that the presented information (accusation) is sufficient evidence to pursue a prosecution. To achieve this, a grand jury is given investigative powers such as being able to issue subpoenas and compel witnesses to testify without a lawyer present. [6]