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7

FEDERAL RULES OF CRIMINAL PROCEDURE

Rule 6

(h) Producing a Statement. (1) In General Rule 26.2(a)-(d) and (f) applies at any hearing under this rule, unless the magistrate judge for good cause rules otherwise in a particular case. (2) Sanctions for Not Producing a Statement. If a party disobeys a Rule 26.2 order to deliver a statement to the moving party, the magistrate judge must not consider the testimony of a witness whose statement is withheld. (As added Apr. 24, 1972, eff. Oct. 1, 1972; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1,1998; Apr. 29, 2002, eff. Dec. 1, 2002.) TITLE HI. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION Rule 6. The Grand Jury (a) Summoning a Grand Jury. (1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement. (2) Alternate Jurors. When a grand jury is selected, the court may also select alternate jurors. Alternate jurors must have the same qualifications and be selected in the same manner as any other juror. Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror is subject to the same challenges, takes the same oath, and has the same authority as the other jurors. (b) Objection to the Grand Jury or to a Grand Juror. (1) Challenges. Either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected, and may challenge an individual juror on the ground that the juror is not legally qualified. (2) Motion to Dismiss an Indictment. A party may move to dismiss the indictment based on an objection to the grand jury or on an individual juror's lack of legal qualification, unless the court has previously ruled on the same objection under Rule 6(b)(l). The motion to dismiss is governed by 28 U.S.C. §1867(e). The court must not dismiss the indictment on the ground that a grand juror was not legally qualified if the record shows that at least 12 qualified jurors concurred in the indictment. (c) Foreperson and Deputy Foreperson. The court will appoint one juror as the foreperson and another as the deputy foreperson. In the foreperson's absence, the deputy foreperson will act as the foreperson. The foreperson may administer oaths and affirmations and will sign all indictments. The foreperson—or another juror designated by the foreperson—will record the number of jurors concurring in every indictment and will file the record with the clerk, but the record may not be made public unless the court so orders.

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U.S. DC Circuit Court of Appeals CTR NATL SEC STUDIES v DOJ United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 18, 2002

Decided June 17, 2003

No. 02-5254 & No. 02-5300 Center for National Security Studies, et al., Appellants/Cross-Appellees

v. U.S. Department of Justice, Appellees/Cross-Appellants Appeals from the United States District Court for the District of Columbia (No. Olcv02500)

Gregory G. Katsas, Deputy Assistant Attorney General, argued the cause for appellants/cross-appellees. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, Mark B. Stern, Robert M. Loeb, and Eric D. Miller, Attorneys, U.S. Department of Justice. Daniel J. Popeo and Paul D. Kamenar were on the brief for amid curiae Washington Legal Foundation and the Jew- ish Institute for National Security Affairs in support of appellant urging partial reversal. Kate A. Martin argued the cause for appellees/cross- appellants. With her on the briefs were David L. Sobel, Elliot M. Mincberg, Arthur B. Spitzer, Steven R. Shapiro, and Lucas Guttentag.

http://laws.lp.fmdlaw.com/dc/025254a.html&friend=nytimes

6/17/03

84 STAT. 3

PUBLIC LAW 91-648-JAN. 5, 1971

1909

Public Law 91-648 AN ACT

January S, 1971

To reinforce the federal system by strengthening the personnel resources of State and local governments, to Improve intergovernmental cooperation in the administration of grant-in-aid programs, to provide grants for improvement of State and local personnel administration, to authorize Federal assistance in training State and local employees, to provide grants to State and local governments for training of their employees, to authorize interstate compacts for personnel and training activities, to facilitate the temporary assignment of personnel between the Federal Government, and State and local governments, and for other purposes.

[s.J_i]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may PJ"**^""™*"tal be cited as the "Intergovernmental Personnel Act of 1970". 1970. DECLARATION OF rOUCY

SEC. 2. The Congress hereby finds and declares— That effective State and local governmental institutions are essential in the maintenance and development of the Federal system in an increasingly complex and interdependent society. That, since numerous governmental activities administered by the State and local governments are related to national purpose and are financed in part oy Federal funds, a national interest exists in a high caliber of public service in State and local governments. That the quality of public service at all levels of government can adm*ni.Trauoi. be improved by the development of systems of personnel administra- systems. tion consistent with such merit principles as— (1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment; (2) providing equitable and adequate compensation; (3) training employees, as needed, to assure high-quality performance; (4) retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected: (5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and (6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. That Federal financial and technical assistance to State and local governments for strengthening their personnel administration in a manner consistent with these principles is in the national interest. SEC. 3. The authorities provided by this Act shall be administered in such manner as (1) to recognize fully the rights, powers, and responsibilities of State and local governments, and (2) to encourage innovation and allow for diversity on the part of State and local governments in the design, execution, and management of their own systems of personnel administration.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAYMOND ANTHONY SMITH, as : Administrator of the Estate of George : Eric Smith, deceased; and : KATHERINE SOULAS, in her own right, on behalf of her minor children, and as : Executrix of the Estate of Timothy Soulas, deceased : Plaintiffs,

01 Civ. 10132 (HB)

-vTHE ISLAMIC EMIRATE OF : OPINION AFGHANISTAN, THE TALIBAN, : AND ORDER AL QATOA/ISLAMIC ARMY, : SHIEKH USAMAH BIN-MUHAMMAD BIN-LADEN a/k/a Osama Bin Laden, : SADDAM HUSSEIN, THE REPUBLIC : OF IRAQ : •

Defendants. Hon. HAROLD BAER, JR., District Judge: