If I Can’t Be in the Grand Jury Room, Maybe My PowerPoint Can: Revisiting The Government’s Duty To P

Defense lawyers are not permitted in the grand jury room, and the government has no constitutional duty to present exculpatory evidence to the grand jury. The absence of a constitutional right or statutory obligation on the part of the government does not, however, foreclose other avenues for the defense to put its presentation before the grand jury. By looking to the government’s own policies, the defense lawyer may have an opportunity to be heard.