Does the recipient of a federal grand jury subpoena, acting as a public official for the State of Illinois, have the discretion to refuse a request to disclose that subpoena, pursuant to the Illinois Freedom of Information Act (FOIA)?

Question

The Better Government Association (BGA) sued Governor Rod R. Blagojevich in August 2006, as Governor of Illinois, under the Illinois Freedom of Information Act (FOIA), to disclose his federal grand jury subpoena. Blagojevich refused, claiming that if such subpoenas existed, disclosure is preempted by federal law. In answer to a request by the BGA, the United States Attorney for the Northern District of Illinois replied "we will only take such action as we believe is authorized by law and necessary to protect the secrecy and integrity of the federal grand jury process." The Federal Rule imposes grand jury secrecy on (i) a grand juror; (ii) an interpreter; (iii) a court reporter; (iv) an operator of a recording device; (v) a person who transcribes recorded testimony; (vi) an attorney for the government; or (vii) a person to whom disclosure, whom the attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law.
What will be an ideal response?

Answer 1

NO
The explicit language of the rule does not apply to the general public. Thus, if a private citizen were served with a federal grand jury subpoena, federal law would not bar him from revealing the contents of the subpoena or his thoughts about it. Although most federal grand jury subpoena recipients usually prefer to remain silent about the matter, circumstances may prompt that person to choose to disclose its existence and content. Such circumstances may include the recipient's belief that disclosure of the subpoena's content would (1) be in his best interest to demonstrate his ongoing cooperation with the federal prosecutor (particularly if the recipient held a political position) or (2) represent the opening salvo in the recipient's contention that he is the target of a political witch hunt and the subpoena is evidence of government corruption. Regardless of the recipient's motive, under federal law, a private citizen has the discretion to reveal the subpoena, and if he chooses to do so, he will not suffer the wrath of the federal court's contempt powers or be subject to any federal charges.