Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: Motion to Disclose Grand Jury Testimony of Daniel P. Love DANIEL R. SCHIESS , Magistrate Judge . CERTIFICATION: This motion is timely filed. The United States seeks an order of the Court permitting it to disclose the grand jury testimony of BLM Supervisory Special Agent Daniel P. Love taken on October 14, 2015, in the matter that led to charges in this case. The United States intends to cite a portion or portions of Love's grand jury testimony in its appeal of the Court's order dismissing
Summary: Motion to Disclose Grand Jury Testimony of Daniel P. Love DANIEL R. SCHIESS , Magistrate Judge . CERTIFICATION: This motion is timely filed. The United States seeks an order of the Court permitting it to disclose the grand jury testimony of BLM Supervisory Special Agent Daniel P. Love taken on October 14, 2015, in the matter that led to charges in this case. The United States intends to cite a portion or portions of Love's grand jury testimony in its appeal of the Court's order dismissing ..
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Motion to Disclose Grand Jury Testimony of Daniel P. Love
DANIEL R. SCHIESS, Magistrate Judge.
CERTIFICATION: This motion is timely filed.
The United States seeks an order of the Court permitting it to disclose the grand jury testimony of BLM Supervisory Special Agent Daniel P. Love taken on October 14, 2015, in the matter that led to charges in this case. The United States intends to cite a portion or portions of Love's grand jury testimony in its appeal of the Court's order dismissing with prejudice the indictment as to four of the Tier 1 defendants and its denial of reconsideration.
On October 22, 2018, the Court unsealed a portion of SSA Love's grand jury testimony based on an interveners' joint motion to unseal. ECF No. 3371. The Government needs to use one or more other portions of Love's testimony for appeal.
POINTS AND AUTHORITIES
Federal Rule of Criminal Procedure 6(e)(3)(E) authorizes courts to permit disclosure of grand jury material "in connection with a judicial proceeding." The rule specifically provides as follows:
Rule 6. The Grand Jury
(3) Exceptions.
(E) The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter:
(i) preliminary to or in connection with a judicial proceeding.
Because the Government intends to cite Love's grand jury testimony in its appellate brief, disclosure is appropriate, and the Government asks the Court to authorize disclosure.
Order Granting Government's Motion to Disclose Grand Jury Testimony of Daniel Love
On January 29, 2019, the Government filed a motion to disclose the grand jury testimony of Daniel P. Love taken on October 14, 2015, in the matter that led to charges being brought in this case. The United States intends to cite a portion or portions of Love's grand jury testimony in its appeal of the Court's order dismissing with prejudice the indictment as to four of the Tier 1 defendants and its denial of reconsideration. Federal Rule of Criminal Procedcure 6(e)(3)(E) authorizes courts to permit disclosure of grand jury material "in connection with a judicial proceeding."
Accordingly, IT IS HEREBY ORDERED that the Government may disclose the grand jury testimony of Daniel P. Love.
