Legal Opinion · Concurring in the judgment

In re Grand Jury Subpoena, Miller

Court of Appeals for the D.C. Circuit

Decided February 15, 2005No. Nos. 04-3133, 04-3139, 04-3140Published

1Concurring in the judgmentTatel, Circuit Judge

This case involves a clash between two truth-seeking institutions: the grand jury and the press. On the one hand, the grand jury, a body “deeply rooted in Anglo-American history” and guaranteed by the Fifth Amendment, see United States v. Calandra, 414 U.S. 338, 342-43, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), holds “broad powers” to collect evidence through judicially enforceable subpoenas. See United States v. Sells Eng’g, Inc., 463 U.S. 418, 423-24, 103 S.Ct. 3133, 77 L.Ed.2d 743 (1983). “Without thorough and effective investigation, the grand jury would be unable either to ferret out crimes…

2Cases cited68 opinions

  1. Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
  2. United States v. CalandraSupreme Court of the United States · 1974
  3. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  4. Atkins v. VirginiaSupreme Court of the United States · 2002
  5. Branzburg v. HayesSupreme Court of the United States · 1972

63 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API