What is the test for dismissal of a grand jury member who made comments to the media about the criminal investigation?

MultiRegion, United States of America

The following excerpt is from United States v. Walters, 910 F.3d 11 (2nd Cir. 2018):

-- if any -- can be ascertained without "unguided speculation." Cf. Friedman , 854 F.2d at 582 (explaining that "no matter how pervasively the rules concerning grand jury secrecy were violated," the violations would not warrant dismissal absent a showing of prejudice); United States v. Silver , 103 F.Supp.3d 370, 380 (S.D.N.Y. 2015) (explaining that, in the context of potentially improper pre-indictment statements made by the U.S. Attorney to the press, "the grand jury is not confined to a passive role " and absent a showing of prejudice, the grand jury "presumptively has access to the media without being prejudiced") (quoting United States v. Nunan , 236 F.2d 576, 593-94 (2d Cir. 1956) ).

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