United States Government v. Marks

joined by PHILLIPS, Chief Justice, CORNYN, OWEN and ABBOTT, Justices.

This difficult case requires balancing the government’s interest in law enforcement against the interests of private parties and the public in open court proceedings. The issue is whether a judge may ever allow a government prosecutor’s disclosure of legally confidential, grand-jury-related information offered in support of the government’s position in a judicial proceeding to be made in camera and ex parte and order the record sealed. We hold that such procedure can be used in extraordinary circumstances and that it was…