[20190409]LSB10201_法院是否具有发布大陪审团秘密材料的固有权力？.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Do Courts Have Inherent Authority to Release Secret Grand Jury Materials? Updated April 9, 2019 UPDATE 4/9/2019: On April 5, 2019, the three-judge panel in McKeever ruled that federal courts lack “inherent authority” to authorize the disclosure of grand jury matters in circumstances not covered by an explicit exception set out in Rule 6(e) of the Federal Rules of Criminal Procedure. It thus appears that, for the time being, the panels decision has closed off one potential avenue for Congress to obtain grand jury material in federal court in the District of Columbia (though the decision could always be reheard en banc or overturned by the Supreme Court). That said, as the McKeever decision notes, Congress previously was successful in obtaining grand jury materials pursuant to the Rule 6(e) exception for disclosure “preliminarily to or in connection with a judicial proceeding” on the theory that an authorized impeachment inquiry is preliminary to such a proceeding. That avenue appears to remain available to Congress after McKeever. Furthermore, Congress has in the past taken the position t