Disclosure of Grand Jury Matters to the President and Other Officials: Memorandum for the Attorney General [September 21, 1993]   [open pdf - 44KB]

"This memorandum responds to your request for our legal opinion on the question of whether, and under what circumstances or conditions, the Attorney General may disclose grand jury material covered by Rule 6(e) of the Federal Rules of Criminal Procedure in briefings presented to the President and other members of the National Security Council (NSC). We conclude that the Attorney General may disclose 6(e) matters to the President or to other NSC members where such disclosure is for the purpose of assisting the Attorney General in her enforcement of federal criminal law. Disclosures satisfying this 'criminal law enforcement purpose' standard may be made without prior court approval or a showing of particularized need, but the names of those who received the information must be supplied to the district court that empaneled the grand jury. […] These court-approved disclosures may be made for the purpose of gaining assistance in civil as well as criminal litigation. We do not believe that any of the 6(e) exemptions would apply to disclosures made to the President or NSC officials for general policymaking purposes, as opposed to obtaining the assistance of those officials for law enforcement purposes."

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United States. Department of Justice: http://www.justice.gov/
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