McKeever v. Barr

Columbia law prof disappears from NYC subway in 1956, never to be found. Perhaps he was murdered by agents of Dominican dictator, whom he’d criticized. Alleged to be involved: a former FBI agent who worked for the dictator and was convicted (later reversed) of failing to register as an agent of a foreign government. May historian obtain the ex-agent’s grand jury records? District court: Generally, courts can authorize grand jury records’ disclosure if historically significant. D.C. Circuit (over a dissent): Not so. Grand jury secrecy is the rule, the only exceptions to which are expressly enumerated, and none provides a blanket exception for historically significant documents.

Tags: 2019, Criminal Procedure, D.C. Circuit, FBI

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