(a) Prohibited Statements; Attorneys’ Obligations.
(1) An attorney participating in or associated with a grand jury or other investigation of a criminal matter shall not make or participate in making any extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration:
(A) Information contained in a public record;
(B) That the investigation is in progress;
(C) The general scope of the investigation including a description of the offense, and if permitted by law, the identity of the victim;
(D) A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto;
(E) A warning to the public of any dangers.
(2) An attorney associated with the prosecution or defense of a criminal case to be tried by a jury shall not make or participate in making any extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication that relates to:
(A) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused;
(B) The possibility of a plea of guilty to the offense charged or to a lesser offense;
(C) The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to make a statement;
(D) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examination or tests;
(E) The identity, testimony, or credibility of a prospective witness;
(F) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.
(3) Subsection (a)(2) above does not preclude an attorney from announcing:
(A) The name, age, residence, occupation, and family status of the accused;
(B) Any information necessary to aid in the apprehension of an accused or to warn the public of any dangers he may present;
(C) A request for assistance in obtaining evidence; (D) The identity of the victim of the crime;
(E) The fact, time and place of arrest, resistance, pursuit, and use of weapons;
(F) The identity of investigating and arresting officers or agencies, and the length of the investigation;
(G) The nature, substance, or text of the charge;
(H) Quotations from or references to public records of the court in the case;
(I) The scheduling or result of any step in the judicial proceedings;
(J) That t he accused denies the charges made against him.
(4) The foregoing provisions of this rule do not preclude an attorney from replying to charges of misconduct publicly made against him or from participating in the proceedings of legislative, administrative, or other investigative bodies.
(b) Attorneys’ Employees and Associates. An attorney must exercise reasonable care to prevent his employees and associates from making any extrajudicial statement that the attorney would be prohibited from making under this rule.
(c) Fed. R. Crim. P. 6(e)(3) Materials. Matters required to be filed with the District Court pursuant to Fed. R. Crim. P. 6(e)(3) shall be first presented to the District Court before whom was impaneled the grand jury whose material has been disclosed. The disclosure should include all persons who will have access to the grand jury material except those who are under the immediate supervision of the attorney for the government or the government personnel to whom disclosure is reported. In the event the court directs the filing of the disclosure with the clerk’s office, it shall be sealed by the clerk and not released except by order of the court for good cause.
(d) Closure of Proceedings. Unless otherwise provided by law, all criminal proceedings shall be held in open court and shall be available for attendance and observation by the public; provided that upon motion made or agreed to by the defense, the court in the exercise of its discretion may order a proceeding closed to the public in whole or in part on the following grounds:
(1) There is a reasonable likelihood that the dissemination of information disclosed at such proceeding would impair the defendant’s rights; and
(2) That reasonable alternatives to closure will not adequately protect a defendant’s rights. If the court orders closure, it shall state for the record its specific findings concerning the need for closure.
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