Orrin Hatch: “I have been listening to my distinguished colleague from Arkansas and his very literal discussion of the grand jury…”

“I have been listening to my distinguished colleague from Arkansas and his very literal discussion of the grand jury process. It isn't quite as simple as my colleague is explaining. The reason we have a grand jury process and the reason we don't allow attorneys in there is because that process is to remain secret. Under rule 6(e) of the Federal rules, people are not allowed to talk about what happens within the grand jury--certainly the prosecutors are not allowed to talk about it. That doesn't mean they have to be totally, meticulously unable to talk about the cases that they are handling. But basic 6(e) grand jury testimony is not permitted to be talked about, and there is a reason for that. There is a reason for not allowing attorneys into the grand jury proceedings. The distinguished Senator from Arkansas seems to have the opinion that in almost every case, or at least in many cases, prosecutors will act irresponsibly, improperly, will take advantage of witnesses, will abuse the law. And I do not believe that is the case. But one reason why grand jury proceedings have been basically secretive is because, let us say the prosecution was doing a major investigation of organized crime. You can bet your bottom dollar with every witness who goes before that grand jury they would have the same organized crime attorney or attorney representing organized crime or those organized criminals in that grand jury proceeding.”