ENRICHING OUR NATION’S HISTORY: ESTABLISHING A HISTORICAL EXCEPTION TO GRAND JURY SECRECY

By Daniel Aronsohn*

Introduction

The grand jury is indispensable in its role as the guardian against unwarranted prosecutions. But it is much more than that. The grand jury is a historical archive. As the mechanism for criminal indictment, the institution of the grand jury has confronted exceptional events of vast historical import. What occurs before a grand jury, however, is generally protected by a longstanding tradition of secrecy.¹ Under the general rule of secrecy, the public is unable to access grand jury materials regardless of the proffered reason.²

The inability to access grand jury information can be a considerable loss to society. With their expansive power to investigate and accuse, grand juries provide a wealth of information. It is essential that the public gain access to that information for two principal reasons. First, enhancing the historical record is paramount.³ Second, improving public access to grand jury information ensures transparency of the federal government, a valuable notion in democratic government. History can provide real-life insight into the successes of American government in addition to its missteps.