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to appear before a grand jury. Respondent's reluctant witness
procedure at that time required the agent to show that the
investigation was stymied and to provide a summary of the
witness' anticipated testimony. If the IRS and the Justice
Department approved the request, Justice Department attorneys
could use grand jury subpoenas to obtain evidence and could seek
a rule 6(e)2 order from a Federal District Court permitting them
to give that evidence to the IRS.
Around March 1971, Fried asked his supervisors for grand
jury assistance in this case. He sent (via his supervisor) a
memorandum to the Chief, Intelligence Division, asking for
permission to issue a grand jury subpoena to petitioner to compel
2 Rule 6(e) provides:
(e) Secrecy of Proceedings and Disclosure.
Disclosure of matters occurring before the grand jury
other than its deliberations and the vote of any juror
may be made to the attorneys for the government for use
in the performance of their duties. Otherwise a juror,
attorney, interpreter, stenographer, operator of a
recording device, or any typist who transcribes
recorded testimony may disclose matters occurring
before the grand jury only when so directed by the
court preliminarily to or in connection with a judicial
proceeding or when permitted by the court at the
request of the defendant upon a showing that grounds
may exist for a motion to dismiss the indictment
because of matters occurring before the grand jury. No
obligation of secrecy may be imposed upon any person
except in accordance with this rule. The court may
direct that an indictment shall be kept secret until
the defendant is in custody or has given bail, and in
that event the clerk shall seal the indictment and no
person shall disclose the finding of the indictment
except when necessary for the issuance and execution of
a warrant or summons.
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