DEA Grand Jury & Trial Testimony 2 — Questions and Answers
Question 1: When a DEA agent is subpoenaed to testify before a grand jury, who has authority to excuse the agent from appearing?
- The DEA Special Agent in Charge
- The U.S. Attorney or AUSA handling the case (Correct answer)
- The agent's immediate supervisor
- The Chief of Operations at DEA headquarters
Correct answer: The U.S. Attorney or AUSA handling the case
The U.S. Attorney or AUSA controls grand jury proceedings and is the only official who can excuse a subpoenaed witness from appearing.
Question 2: A defense attorney asks a DEA agent on the witness stand about the contents of a confidential informant file. The agent should:
- Refuse to answer and cite the Fifth Amendment
- Answer fully to avoid appearing uncooperative
- Assert the law enforcement privilege and await the judge's ruling (Correct answer)
- Redirect the attorney to file a FOIA request
Correct answer: Assert the law enforcement privilege and await the judge's ruling
The law enforcement privilege protects sensitive investigative materials; the agent should assert it and let the court determine disclosability.
Question 3: In federal court, the rule requiring the government to produce prior recorded statements of a witness after that witness testifies on direct examination is known as the:
- Brady rule
- Giglio rule
- Jencks Act (Correct answer)
- Confrontation Clause
Correct answer: Jencks Act
The Jencks Act (18 U.S.C. § 3500) requires production of prior statements of government witnesses after they testify on direct examination.
Question 4: A DEA agent notices during cross-examination that opposing counsel is mischaracterizing the agent's earlier testimony. The best response is to:
- Object to the question on the record
- Politely correct the mischaracterization before answering (Correct answer)
- Allow the AUSA to handle it on redirect
- Request a recess to confer with the prosecutor
Correct answer: Politely correct the mischaracterization before answering
A witness may correct a mischaracterization of prior testimony before responding to maintain accuracy of the record.
Question 5: During a grand jury proceeding, a witness invokes the Fifth Amendment privilege against self-incrimination. The prosecutor may overcome this by:
- Obtaining a court order compelling the testimony under threat of contempt
- Granting use immunity under 18 U.S.C. § 6002 and compelling testimony (Correct answer)
- Submitting the witness's prior statements as a substitute
- Requesting the grand jury to draw an adverse inference
Correct answer: Granting use immunity under 18 U.S.C. § 6002 and compelling testimony
Use immunity under 18 U.S.C. § 6002 strips the witness of Fifth Amendment protection by prohibiting use of compelled testimony against them.
Question 6: What is the primary purpose of the Giglio v. United States ruling in the context of DEA agent testimony?
- It requires agents to disclose all prior arrests to the court
- It mandates disclosure of impeachment evidence affecting the credibility of government witnesses (Correct answer)
- It prohibits agents from testifying about hearsay statements
- It establishes standards for chain of custody documentation
Correct answer: It mandates disclosure of impeachment evidence affecting the credibility of government witnesses
Giglio extends Brady to require disclosure of evidence that could impeach the credibility of government witnesses, including agents.
Question 7: A DEA agent testifying at trial is asked on cross-examination about a prior disciplinary action that resulted in a letter of reprimand. The agent should:
- Deny the disciplinary action to protect operational integrity
- Answer truthfully, as prior misconduct may be Giglio material (Correct answer)
- Request the judge to seal that portion of the testimony
- Defer the answer until the AUSA can object
Correct answer: Answer truthfully, as prior misconduct may be Giglio material
Prior disciplinary actions can constitute Giglio material affecting agent credibility and must be answered truthfully under oath.
DEA Grand Jury & Trial Testimony 2
When a DEA agent is subpoenaed to testify before a grand jury, who has authority to excuse the agent from appearing?