Use of intercepted calls
Grayson v. United States
In brief
The Supreme Court sent Grayson’s case back to the Sixth Circuit for another look, without deciding whether the FaceTime recording must be excluded.
- Where it stands
- Case remanded
Remanded · June 22, 2026
- What it’s about
- Ashley Grayson challenged the use at trial of a FaceTime recording. The Sixth Circuit allowed it, reasoning that federal law’s rule against using certain intercepted communications had a “clean-hands” exception.
- Who it affects
- The Sixth Circuit must reconsider the case in light of the Solicitor General’s position, but the Supreme Court left Grayson’s challenge to the recording undecided.
Summary: written with AI from the case record.
What it's about
The Supreme Court wiped out the Sixth Circuit’s judgment (vacated it) and sent the case back to that court (remanded it) to reconsider the case in light of the Solicitor General’s position; it did not decide whether the recording must be excluded.
Section 2515 is a federal evidence rule that bars using some intercepted communications; Grayson’s case raised whether the rule has an unwritten “clean-hands” exception.
Question presented
Whether § 2515 ’s exclusionary rule contains an unwritten clean-hands exception.
What the Court decided
Holding
The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on May 12, 2026.
- Result
- Remanded
From the opinions
“The United States now concedes that the Sixth Circuit erred in applying a clean-hands exception. Nonetheless, the Government argues that any error was harmless.”
What's next
The Sixth Circuit will reconsider the case in light of the Solicitor General’s position in the United States’ May 12, 2026 brief.
Each side's argument
- Ashley Grayson
- Grayson challenged the use of the FaceTime recording at trial.
- United States
- The United States said the Sixth Circuit was wrong to apply a clean-hands exception but argued that the error did not affect the result.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: question_presented, extraction_metadata
Case data updated: summary, question_presented, generation_metadata
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Brief added: Petition
More questions
- Why did Justice Alito disagree?
- He said the recording added nothing to other evidence, including a separate FBI call in which Grayson described the FaceTime call and acknowledged offering to pay for murder; he would have denied the petition.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.