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No. 19-307October Term 2019Decided Jan 21, 2020

Docket 19-307October Term 2019 (2019–2020)

McKeever v. Barr

For now, the key issue is whether judges have any built-in power to unseal grand jury materials when Rule 6(e) does not expressly allow it.

Case status

Current stage
Decided
Latest event
Decision released Jan 21, 2020
Case Accepted
Arguments
Decision ReleasedJan 21, 2020
What it's about

This case asks whether federal district courts may release secret grand jury materials in rare situations not specifically listed in Federal Rule of Criminal Procedure 6(e), such as for historically significant matters where secrecy no longer serves much purpose. The D.C. Circuit said courts do not have that inherent authority, creating a conflict with other federal appeals courts.

Question presented

Whether district courts have inherent authority to release grand jury materials in extraordinary circumstances, such as when the case is historically significant and the public interest strongly favors disclosure.

Case path

United States Court of Appeals for the District of Columbia Circuit / Decision released Jan 21, 2020

Area

Decided Supreme Court case

Briefing

What it's about

This case asks whether federal district courts can release secret grand jury records in rare situations not listed in Rule 6(e), such as historically important cases. The D.C. Circuit said courts do not have that inherent authority, and the petition says other appeals courts disagree.

Vote

The case has not been scheduled for oral argument. The petition says Rule 6(e) does not bar courts from acting outside its listed exceptions, while the D.C. Circuit said courts lack authority outside Rule 6(e) to disclose grand jury material.

Impact

The fight could affect historians, journalists, researchers, and families seeking old grand jury records after the need for secrecy has faded. A ruling on this question could also shape how much power trial judges have to open records in unusual cases.

What's next

The next thing to watch is whether the Supreme Court takes up the petition for certiorari (the Court's decision to hear the case) or makes another scheduling move. No decision window is available yet.

What is the core dispute in McKeever v. Barr?

The case asks whether district judges may release grand jury records in exceptional situations not named in Rule 6(e). The D.C. Circuit said no.

Who could be affected if courts can or cannot release these records?

Historians, reporters, researchers, and families could be affected when they seek old grand jury files. Judges and prosecutors would also face clearer limits.

What should readers watch for next in this case?

Watch to see whether the Supreme Court grants certiorari (agrees to hear the case). If it does, the next major step would be oral argument scheduling.

Decision

Decision record

What the Court decided

For now, the key issue is whether judges have any built-in power to unseal grand jury materials when Rule 6(e) does not expressly allow it.

Impact

The fight could affect historians, journalists, researchers, and families seeking old grand jury records after the need for secrecy has faded. A ruling on this question could also shape how much power trial judges have to open records in unusual cases.

Not official Court text.

Opinion documents

Timing

Decided January 21, 2020

The Court released its decision on January 21, 2020 without hearing oral argument.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Jul 2, 2026
Primary materials7
Context reporting2