Disclosure Of Grand Jury Information To An
Exceptions to the general rule of secrecy as to grand jury
include disclosure to:|
...such government personnel...as are deemed necessary by an attorney
government to assist an attorney for the government in the performance of
attorney's duty to enforce Federal criminal law.
An "attorney for the government" is defined in the Fed.R.Crim.P.
as including the Attorney General, an authorized assistant of the Attorney
General, a USA, and an authorized AUSA. That term does not include an
for a county or state government, e.g., In re Special February
Grand Jury v. Conlisk, 490 F.2d 894, 896 (7th Cir. 1973) nor does it
an attorney for an administrative agency. In re Grand Jury
309 F.2d 440, 443 (3d Cir. 1962).
If disclosure of grand jury material to IC personnel is required to
properly frame a file search request to the IC, that disclosure is permitted
under Rule 6(e)(3)(A)(ii). See United States v. Lartey, 716
955, 963-64 (2d Cir. 1983); In re Perlin, 589 F.2d 260, 268-69 (7th
1978). As with disclosure to Federal law enforcement agencies, Rule
requires that the attorney for the government notify the court of the names
the particular IC personnel to whom disclosure is made, and certify that
persons have been advised of the restrictions placed on the use and
of grand jury materials.
[updated October 2012]
[cited in USAM 9-90.210]