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Plame Grand Jury Out of Extensions

By Jeralyn, Section Valerie Plame Leak Case
Posted on Thu Oct 27, 2005 at 10:41:20 PM EST
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Reddhed at Firedoglake called the D.C. District Court Thursday and was told the Plame grand jury is a regular grand jury, not a special grand jury. There are umpteen media articles reporting it to be a special grand jury. Perhaps they made that assumption because Patrick Fitzgerald is a special counsel in the investigation.

Fitzgerald in this pleading(pdf) filed with the court said the grand jury was extended six months in late May, 2005 and will finally expire in October. So Friday is its final day. Special grand juries can be extended in six month increments for a total of 36 months. Regular grand juries can only be extended six months, to a total of 24 months. Rule 6(g) of the Federal Rules of Criminal Procedure:

(g) Discharging the Grand Jury. A grand jury must serve until the court discharges it, but it may serve more than 18 months only if the court, having determined that an extension is in the public interest, extends the grand jury’s service. An extension may be granted for no more than 6 months, except as otherwise provided by statute.

Fitzgerald can, however, turn the case over to a new (successive) grand jury.

[hat tip to Squeaky and Otisishungry]

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