District Court is Able to Unseal Grand Jury Documents

District courts under their common law supervisory authority over a grand jury are able to unseal grand jury documents for reasons other than those found in the Federal Rules of Criminal Procedure

Carlson v. United States, 2016 BL 301445, 7th Cir., No. 15-2972, 9/15/16.

The Seventh Circuit ruled that a district court may use its supervisory authority to unseal grand jury documents under the court’s common law supervisory authority. This holding runs against the U.S. government’s stance, who argued that unsealing these documents can only be done under the Federal Rules of Criminal Procedure Rule 6(e)(3)(E). The court rejected that argument and held that Rule 6(e)(3)(E) does not limit a district court’s authority to unseal documents and that there are instances when it may be appropriate for the court to use this authority to unseal them. The ruling joins the Second, Eleventh, and D.C. Circuits in finding that Rule 6(e)(3)(E) is not exhaustive.

https://www.bloomberglaw.com/public/desktop/document/Carlson_v_United_States_No_152972_2016_BL_301445_7th_Cir_Sept_15_?1475611757