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Case 1:19-cr-00490-RMB Document63_ Filed 07/22/25 Page 2 of 4 Inre 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 factors for district courts to weigh where considering applications for disclosure: ® the identity of the party seeking disclosure; e 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 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). 2016). Other circuits have taken a much narrower view of a district court’s authority. See, ¢.g., McKeever v. Barr, 920 F.3d 842, 843, 850 (D.C. Cir. 2019), cert. denied, 140 S. Ct. 597 (2020); Pitch v. United States, 953 F.3d 1226, 1241 (11th Cir. 2020) (en banc); United States v. McDougal, 559 F.3d 837, 841 (8th Cir. 2009); J re Grand Jury 89-4-72, 932. F.2d 481, 488 (6th Cir. 1991). 2 DOJ-OGR- 00000738