Fed.R.Crim.P. 6 Applies to Prosecutor-Grand Juror Communications

In re Special Grand Jury 89-2, 2006 WL 1644716 (6/15/06) - In a law suit to allow grand jurors to disclose the government and corporate shenanigans that were involved in the grand jury proceedings investigating the Rocky Flats Nuclear Weapons Plant, the 10th holds that Fed. R. Crim. P. 6(e), which governs grand jury secrecy, covers exchanges between grand jurors and prosecutors. The d.ct. could permit disclosures regarding grand jury proceedings if the disclosures are needed to avoid a possible injustice in another judicial proceeding, the need for disclosure is greater than the need for continued secrecy, and the disclosures cover only needed material. The d.ct. might have inherent authority beyond Rule 6(e) to allow disclosures in exceptional cases.