The government must disclose to a criminal defendant, and make available for copying, “the defendant’s recorded testimony before a grand jury relating to the charged offense.” Fed. R. Crim. P. 16(a)(1)(B)(iii). Must the government make available to a grand jury witness (including a target or subject) the witness’s own prior grand jury testimony before any charge has been filed?

On that question, the Supreme Court has not yet spoken, and the lower courts have long been divided.

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