Arrest and Detention of Material Witnesses: A Sketch (CRS Report for Congress)
| Release Date |
Revised March 8, 2006 |
| Report Number |
RS22259 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act(H.R. 3199), as reported by the House Judiciary Committee, directed the Department ofJustice to review the detention of individuals under the federal material witness statute,"including their length [of detention], conditions of access to counsel, frequency ofaccess to counsel, offense at issue, and frequency of appearance before a grand jury."The Office of Management and Budget announced that the Administration stronglyopposed section 12 on the grounds that the review by the Department of Justice'sInspector General and reports to the House and Senate Judiciary Committees called forby that section would "entail wholesale violation"of the grand jury secrecy provisions.The provision was dropped from the bill prior to House passage and does not appear inthe corresponding measure approved by the Senate (S. 1389/H.R. 3199). The episodeillustrates the level of controversy easily generated by material witness statutes.The federal material witness statute provides that, "If it appears from an affidavitfiled by a party that the testimony of a person is material in a criminal proceeding[including a grand jury proceeding], and if it is shown that it may become impracticableto secure the presence of the person by subpoena, a judicial officer may order the arrestof the person and treat the person in accordance with the provisions of section 3142 ofthis title [relating to bail]. No material witness may be detained because of inability tocomply with any condition of release if the testimony of such witness can adequately besecured by deposition, and if further detention is not necessary to prevent a failure ofjustice. Release of a material witness may be delayed for a reasonable period of timeuntil the deposition of the witness can be taken pursuant to the Federal Rules ofCriminal Procedure," 18 U.S.C. 3144.
