In Re Sealed Case No. 99-3091
United States Court of Appeals for the D.C. Circuit
192 F.3d 995 (1999)
A New York Times article reported that some Office of Independent Counsel (OIC) prosecutors believed President Clinton would likely be indicted on perjury charges after his impeachment trial; the district court found this a prima facie violation of Rule 6(e)'s bar on disclosing grand jury matters and ordered OIC and attorney Charles Bakaly to show cause for contempt, then appointed the Department of Justice to prosecute the contempt charges when OIC's request to certify the issue for interlocutory appeal was denied. OIC filed an emergency motion to vacate the order appointing DOJ as prosecutor.
Whether a statement disclosing a prosecutor's desire to seek a grand jury indictment of a particular person violates Rule 6(e)'s prohibition on disclosing matters occurring before a grand jury.