Reading Room Document
Scope and Effect of Jencks Decision
The OLC summarized the scope of the decision in Jencks v. United States, calling the result "highly unfortunate." The opinion also answered several questions posed by FBI Director J. Edgar Hoover, including “whether the rule applie[d] to all government witnesses, not merely informants.” The OLC concluded that it did, given that “the opinion clearly says so.” The OLC also provided several recommendations on how the FBI and the Justice Department should alter its document production practices in light of Jencks.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit