Douglas Oil Co. of Cal. v. Petrol Stops Northwest

This case presents two intertwined questions concerning a civil litigant’s right to obtain transcripts1 of federal criminal grand jury proceedings. First, what justification for disclosure must a private party show in order to overcome the presumption of grand jury secrecy applicable to such transcripts? Second, what court should assess the strength of this showing — the court where the civil action is pending, or the court that acts as custodian of the grand jury documents?

I

Respondent Petrol Stops Northwest is a gasoline retailer unaffiliated with any major oil company. In 1973, it operated…