February 3, 2014
Moira Meltzer-Cohen (’12) secured the release of a man jailed eight months for refusing to appear before a federal grand jury on the ground that the man, Gerald Koch, would continue to resist no matter how long he is incarcerated. The rarely granted ground for release was reported in a front page article in the New York Law Journal and in the New York Times.
The release is based on a Second Circuit U.S. Court of Appeals precedent that a grand-jury contemnor must be released when there is “no realistic possibility” that continued confinement will persuade the resister to comply and testify. Koch is a 24-year-old political activist and New School Eugene Lang College student who prosecutors at one point speculated may have been at a bar where two other patrons discussed a plot to bomb a military recruitment center in Times Square more than five years ago.