William J. Brennan, Jr.

“ In this posture, then, the question for our decision is the narrow one whether the trial judge erred in denying the defense request for inspection of the grand jury testimony of a key government witness which covered the subject matter of that witness' trial testimony. [2] I dissent from the Court's affirmance of the trial judge's ruling denying this carefully circumscribed request.
Grand jury secrecy is, of course, not an end in itself. Grand jury secrecy is maintained to serve particular ends. ”

“ Witnesses before a grand jury necessarily know that once called by the Government to testify at trial they cannot remain secret informants quite apart from whether their grand jury testimony is discoverable. Finally, the defense seeks nothing which would disclose the votes or opinions of any of the grand jurors involved in these proceedings. All that is sought is the relevant testimony of Jonas. ”

“ It is true that secrecy is not to be lifted without a showing of good reason, but it is too late in the day to say, as the Court as a practical matter does here, that the Government may insist upon grand jury secrecy even when the possible prejudice to the accused in a criminal case is crystal clear and none of the peasons justifying secrecy is present. ' (A) fter the grand jury's functions are ended, disclosure is wholly proper where the ends of justice require it.' United States v. ”