The following excerpt is from United States v. Walters, 910 F.3d 11 (2nd Cir. 2018):
-- if any -- can be ascertained without "unguided speculation." Cf. Friedman , 854 F.2d at 582 (explaining that "no matter how pervasively the rules concerning grand jury secrecy were violated," the violations would not warrant dismissal absent a showing of prejudice); United States v. Silver , 103 F.Supp.3d 370, 380 (S.D.N.Y. 2015) (explaining that, in the context of potentially improper pre-indictment statements made by the U.S. Attorney to the press, "the grand jury is not confined to a passive role " and absent a showing of prejudice, the grand jury "presumptively has access to the media without being prejudiced") (quoting United States v. Nunan , 236 F.2d 576, 593-94 (2d Cir. 1956) ).
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