OPINION AND ORDER UNSEALING GRAND JURY TESTIMONY OF DAVID GREENGLASS AND MAX ELICHTER re: 10 MOTION to Direct Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony filed by American Society of Legal History, Sam Roberts, Society of American Archivists, American Historical Association, Petition of National Security Archive, Organization of American Historians: Petitioner's motion to unseal the testimonies of Max Elichter and David Greenglass before the Rosenberg grand jury is granted. The Clerk shall mark the motion (Doc. No. 10) terminated. (Signed by Judge Alvin K. Hellerstein on 5/19/2015) (tn) (Entered: 05/19/2015)
REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Direct Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony. . Document filed by Petition of National Security Archive. (Raskin, Debra) (Entered: 01/28/2015)
DECLARATION of Andrew E. Krause re: 14 Response to Motion . Document filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Krause, Andrew) (Entered: 01/16/2015)
RESPONSE to Motion re: 10 MOTION to Direct Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony. . Document filed by United States of America. (Krause, Andrew) (Entered: 01/16/2015)
ORDER granting 12 Letter Motion for Extension of Time to File Response/Reply re 10 MOTION to Direct Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony: In order to allow the gov't to consult all potential stakeholders, as may reasonably be perceived by the gov't, the gov't's response is due Jan. 16, 2015; reply, by Jan. 28, 2015. Responses due by 1/16/2015, Replies due by 1/28/2015. (Signed by Judge Alvin K. Hellerstein on 12/15/2014) (tn) (Entered: 12/15/2014)
LETTER MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Direct Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony. addressed to Judge Alvin K. Hellerstein from Andrew E. Krause dated December 12, 2014. Document filed by United States of America.(Krause, Andrew) (Entered: 12/12/2014)
MOTION to Direct Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony. Document filed by American Historical Association, American Society of Legal History, Organization of American Historians, Petition of National Security Archive, Sam Roberts, Society of American Archivists. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Raskin, Debra) (Entered: 12/02/2014)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Renewed Petition for an Order Directing Release of Remaining Grand Jury Minutes and Testimony Before the Special Grand Jury Convened in 1950-1951 Pertaining To The Indictment Of and Conviction of Ethel and Julius Rosenberg re: 8 Order, 3 Order,,,,,,,,,,,,,. Document filed by Petition of National Security Archive. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Raskin, Debra) Modified on 12/2/2014 (lb). (Entered: 12/02/2014)
ORDER: Accordingly, the remaining grand jury records shall released in accordance with that order. The Clerk shall mark the case closed. So Ordered (Signed by Judge Alvin K. Hellerstein on 10/28/08) (js) (Entered: 10/29/2008)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Andrew M. McNeela dated 8/27/08 re: Non-opposition to disclosure of Ms. Miriam Moskowitz' grand jury testimony. ENDORSEMENT: The Clerk shall docket this letter. (Signed by Judge Alvin K. Hellerstein on 8/28/08) (db)
SUMMARY ORDER; The parties in this case appeared before me on August 26, 2008, for oral argument on two issues: 1) Whether testimony from seven remaining witnesses, who had testified before the Rosenberg grand jury but had not been located as of the last conference before me, should be released; and 2) Whether testimony from witnesses who appeared before the BrothmanlMoskowitz grand jury should be disclosed. For the reasons stated on the record, and with but one exception, I hold in favor of the petitioners on both issues.First, as indicated in the Government's letter of August 21, 2008, the Government has confirmed that four of those witnesses - William Perl, Perry Alexander Seay, Sarah Powell, and Michael Sidorovich - are deceased. The Government consents to the release of these witnesses' testimony and I order that their testimony be unsealed promptly. With respect to the three remaining witnesses - Vivian Glassman (Pataki), Edith Levitov (Garduk) and Frank Wilentz - the Government has been unable to ascertain where they live, or if they remain alive. In light of the publicity given to the proceedings, and the ease and efficiency of expressing any objection to release, I find that the witnesses are either indifferent to release, or lack capacity (because of death or otherwise). Accordingly, I order that their testimony also be released, but after the period described below. As to the Brothman/Moskowitz grand jury testimony, I hold that the proceedings are also of substantial historical importance. See In re Pet'n of Bruce Craig, 131 F.3d 99, 107 (2d Cir. 1997) (noting that "if historical interest in a specific case has persisted over a number of years, that serves as an important indication that the public's interest in release of the [grand jury] information is substantial."); In re Pet'n of Am. Historical Ass'n, et al., 49 F.Supp.2d 274 (S.D.N.Y. 1999) (applying the factors set forth in In re Craig in its decision to release portions of the testimony from the special grand juries relating to the investigation of Alger Hiss). Of the eight witnesses who testified before that grand jury, seven are deceased, and no family member or relative has lodged an objection. The eighth and only living witness, Miriam Moskowitz, initially opposed disclosure, but advised the Government that she now consents to disclosure. The Government is ordered to report to the Court if, within seven days, the witness fails to execute a writing reflecting her changed position. I order the Government to release the testimony of the Brothmanl/Moskowitz grand jury (subject to receiving witness Moskowitz's anticipated writing). With respect to my ruling ordering the release of the testimony of Ms. Glassman, Ms. Levitov, and Mr. Wilentz before the Rosenberg grand jury, and of the testimony before the Brothmanl/Moskowitz grand jury, I grant the Government's request for a 60-day stay in order to allow the Government to decide if it wishes to file a notice of appeal of this Order. If the Government does not file a timely notice of appeal, the material is to be released promptly. If the Government does file a timely appeal, I grant a stay of an additional ten days, to enable the Government to move for a further stay before the Court of Appeals. (Signed by Judge Alvin K. Hellerstein on 8/26/2008) (jp)
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Filed: 8/26/2008, Entered: 8/27/2008
Status Conference
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 8/26/2008. (djc)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from David C. Vladeck dated July 29, 2008 re: I am writing respectfully to request that the Court provide counsel for the petitioners copies of the two letters submitted to the Court by counsel for David Greenglass. As the Court is aware, Mr. Greenglass's lawyer failed to serve these letter on petitioners' counsel. At the hearing on July 22, the Court read the letters into the record. ENDORSEMENT: The letters will be made part of the court file. (Signed by Judge Alvin K. Hellerstein on 7/31/2008) (rw)
ORDER, Because of ongoing proceedings in this case, and the advisability that due to my familiarity with the case, that I continue presiding over it, the Clerk is directed to assign a civil docket number to this case. In view of previous filings by the parties already exceeding the standard $350.00 filing fee, any further filing fees are to be waived. (Signed by Judge Alvin K. Hellerstein on 7/23/08) (laq) (rw).
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Filed: 7/23/2008, Entered: 8/4/2008
Case Designated ECF.
Case Designated ECF. (laq)
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Filed: 7/23/2008, Entered: 8/4/2008
Case Designation
Magistrate Judge Henry B. Pitman is so designated. (laq)
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