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Case 1:20-cr-00330-PAE Document 789 _ Filed 07/22/25 Page2of4 are certain “special circumstances” in which release of grand jury records is appropriate, based upon a court’s supervisory authority over grand juries it empanels. See In re Craig, 131 F.3d at 102; see also id. at 104 (“The discretion of a trial court in deciding whether to make public the ordinarily secret proceedings of a grand jury investigation is one of the broadest and most sensitive exercises of careful judgment that a trial judge can make.”). The Second Circuit has identified the following as a non-exhaustive list of factors for district courts to weigh in considering applications for disclosure: the identity of the party seeking disclosure; whether the defendant to the grand jury proceeding or the Government opposes the disclosure; why disclosure is being sought in the particular case; what specific information is being sought for disclosure; how long ago the grand jury proceedings took place; the current status of the principals of the grand jury proceedings and that of their families; the extent to which the desired material—either permissibly or impermissibly— has been previously made public; whether witnesses to the grand jury proceedings who might be affected by disclosure are still alive; and [whether there is an] additional need for maintaining secrecy in the particular case in question. id. at 106 (capitalization altered); see also Laws.’Comm. for 9/11 Inquiry, Inc. v. Garland, 43 F.4th 276, 285 (2d Cir. 2022) (affirming district court’s application of those factors). * * The Seventh Circuit is in accord that a district court may order the release of grand jury materials upon a showing of special circumstances. See Carlson v. United States, 837 F.3d 753, 766-67 (7th Cir. 2016). Other circuits have taken a narrower view of a court’s authority to order such relief. See, e.g., McKeever v Barr, 920 F.3d 842, 843, 850 (D.C. Cir. 2019), cert denied, 2 DOJ-OGR-00015048