Carlson v. U.S.

Federal 7th Circuit Court
Civil Court
Grand Jury
Citation
Case Number: 
No. 15-2972
Decision Date: 
September 15, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting petitioner’s request to unseal grand-jury materials regarding grand-jury’s 1942 investigation into Chicago Tribune article that published information regarding U.S. success in cracking Japanese war codes. Petitioners’ request, which was based on desire to generate scholarly article about Tribune article and govt.’s investigation into sources for said article, did not fit within list of acceptable reasons for unsealing grand-jury records as set forth in Rule 6(e)(3)(E). However, Dist. Ct. had inherent powers regarding supervision of grand-jury materials, and Dist. Ct. could grant petitioner’s request even though reason for unsealing grand-jury materials was not included in Rule 6(e)(3)(E) list. Moreover, govt. agreed that Dist Ct. did not abuse its discretion in granting petitioners’ request for reason cited by petitioners. (Dissent filed.)