The Justice Department's environmental-crimes section was investigated by both the department and a congressional oversight committee as a result of the grand jury flap over Rocky Flats. Yesterday's petition, if it succeeds, promises to reopen the controversy, Mr. Turley said. But criminal-defense experts yesterday said the likelihood of success is remote. Though grand juries are instructed to draw their conclusions independently from prosecutors, they seldom do. And courts have been very clear that the final decision whether to indict rests with the prosecutor.
Courts have the final say on whether to publish grand jury reports.