Legal query

Grand jury testimony is not available in a civil suit. That’s a given.

But when a witness makes a statement to criminal investigators outside the grand jury, can the statement be supoenaed in in a civil suit? In particular, can the Wilsons’ attorneys ask Patrick Fitzgerald to disclose what George W. Bush said to him?

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: Markarkleiman-at-gmail.com

5 thoughts on “Legal query”

  1. Most Americans plan to vote for Democrats
    By DONNA CASSATA, Associated Press Writer 2 hours, 8 minutes ago
    WASHINGTON – Republicans are in jeopardy of losing their grip on Congress in November. With less than four months to the midterm elections, the latest Associated Press-Ipsos poll found that Americans by an almost 3-to-1 margin hold the GOP-controlled Congress in low regard and profess a desire to see Democrats wrest control after a dozen years of Republican rule.
    http://news.yahoo.com/s/ap/20060714/ap_on_go_co/r

  2. More good news from Yahoo.
    Democrats seek answers in phone jamming
    By ANNE SAUNDERS, Associated Press Writer Thu Jul 13, 6:37 PM ET
    MANCHESTER, N.H. – A judge gave state Democrats the go-ahead Thursday to question high-ranking Republicans in a civil suit over the jamming of Democrats' phones on Election Day 2002.
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    Three former GOP officials have already been sentenced in the phone jamming scheme. In the civil suit, state Democrats want to know who knew about the plan.
    They point to a record of phone calls that show national GOP official James Tobin, one of those convicted, made two dozen calls to the White House within a three-day period as the phone jamming operation was finalized, carried out and then abruptly shut down.
    http://news.yahoo.com/s/ap/20060713/ap_on_re_us/p

  3. Why don't they depose the principles themselves? Judicial Watch was able to depose practically everyone in the White House short of POTUS and the VP during the Clinton years. Presuming they have a valid case, they should just do it themselves. There could be some gold in there for Fitz, since he can compare the tesitmony they give in the civil deposition and see if they were entirely truthful to him before the Grand Jury.

  4. I'm not sure that grand jury testimony isn't available in a federal civil suit.
    It's required to be kept secret. I don't know whether Bush's testimony falls under the secrecy requirement–there's a good argument that it doesn't–but I'd be surprised if Fitzgerald didn't fight to keep it under wraps.

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