Word: agnew
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They can be used to tactical advantage for other purposes. The statute of limitations may soon bar prosecution of some of Agnew's alleged offenses, so any delay resulting from an investigation into the leaks would be to Agnew's advantage. And Harvard Law Professor John Ely points out that it will be difficult for the defense attorneys "to investigate leaks without being given access to the entirety of the Government's case, which is wrong." The broad powers to fish for any information they want could also be used to harass the prosecution. Says Columbia...
What happens if Agnew proves his charges...
...judge could go along with Agnew's request and terminate the grand jury investigation. There is a recent rough analogy. In the Ellsberg case, the judge ruled that Government misconduct had so infected the charges that they must be permanently dropped. If Judge Hoffman made a similar ruling, however, the Vice President would not necessarily be free of further investigation. He could still face impeachment charges. Of course, Hoffman could find that the leaks have caused Agnew no significant harm before the grand jury. The few faintly relevant cases suggest that the present grand jury will be allowed...
...contempt of court penalties for compromising the secrecy of a grand jury. The secrecy requirement dates back to common law and is designed, among other things, to protect the innocent from publication of unsubstantiated charges and to prevent the guilty from fleeing or tampering with witnesses. Technically, the Agnew case did not go to the grand jury until two weeks ago, and the majority of leaks came before then. Experts are divided over whether this distinction would prevent any contempt sentences. There is no doubt, however, in the unlikely event that a full-blown prosecutorial plot to prejudice Agnew...
...there any evidence to date of a possible conspiracy against Agnew by Justice officials...