dwp66 wrote:
Apparently you have no idea what a Grand Jury is. Gonna be hard to have a conversation until you figure that part out...
OK, counselor, what is a grand jury?
But first:
What It Means When a Trump Grand Jury Foreperson Editorializes
David Schultz, University of Minnesota Law SchoolGrand juries defend personal freedom by checking zealous prosecutors and government abuse of power. They are supposed to be apolitical checks or brakes on public opinion and any rush to accuse and convict individuals of crimes.
Yet what happens when grand juries or specific jurors go rogue or are captured by the very politics and polarization they are supposed to avoid?
This was the problem when a Fulton County, Ga. foreperson commented on a grand jury report and investigation. The jury looked into possible criminal activity from former President Donald Trump’s 2020 phone call to Georgia’s secretary of state, allegedly asking that e******n returns be altered.
Reform NeededGrand juries became central to US Constitutional law via the Fifth Amendment. Their deliberations are intended to be secret to ensure impartiality and objectivity and protect decisions from being politicized.
Yet grand juries don’t always work like this. More often, they are cloaked in secrecy, serving as tools of prosecutors. With the latter the only attorney in the room, grand juries can be manipulated into indicting.
The US Supreme Court allows evidence into grand jury proceedings that otherwise often can’t be admitted at trial. Prosecutors are often elected, facing political pressures to act especially during e******n years.
Some claim racial biases play into charging and indictments. For these reasons many argue that grand juries need more t***sparency and checks.
Yet, the necessary reforms weren’t on display in Fulton County.
Fuel to the FireGrand jury reports are generally secret to protect the innocent as well as those who potentially could be charged with a crime.
Disclosing evidence or possible indictments could taint an eventual trial or subject witnesses to undue harassment. This is particularly problematic in a high-profile case investigating possible criminal activity of a former president.
In an atmosphere of severe political polarization and distrust, some believe the grand jury probe is a political witch hunt. However meritorious and legitimate the inquiry, every step and decision is being viewed through a partisan lens.
Releasing the redacted grand jury report was a mistake. While no doubt well-intentioned by a judge to provide some t***sparency, its release, though it contained few details, damaged the criminal justice system.
It led to speculation about who might have lied and gets indicted, and it put national media and political pressure on the prosecutor act.
This politicized an already-charged investigation, and the grand juror politicized it even more. In what looks like an Andy Warhol 15 minutes of fame moment, comments from a grand jury foreperson simply pour more gasoline on the political fire and sets a terrible precedent.
Unfortunate ExampleWhat next—will other grand jurors come out with conflicting statements? Will future grand jurors be paid for their stories?
Many already questioned the political motives of this investigation, raising the question of how impartial the grand jurors were, and how all this affects the Fulton County prosecutor’s final decision, and public confidence in other future legal proceedings.
Grand juries need to be fixed. Possible criminal activity surrounding the 2020 Georgia p**********l e******n should be investigated. Justice needs to be done. None of that is served by what is happening now in Fulton County.
Richard Painter, University of Minnesota Law SchoolA grand jury’s role is to decide whether criminal charges should be filed. Disclosure of information provided to a grand jury can be a criminal offense. When the grand jury finishes its work, the case is still in progress unless the grand jury doesn’t recommend indicting anyone.
Public comments by grand jurors could prejudice the proceeding, although this problem can be remedied if trial jurors who heard the grand juror’s statements are excused.
Prosecutors make some public comments when charging a case, so public comments by grand jurors usually don’t pose a greater risk unless they go beyond what prosecutors normally would say.
Traditionally, however, prosecutors communicate basic facts about the indictment—or a special grand jury’s recommendations for an indictment—while grand jurors remain silent and allow grand jury indictments and investigative reports to speak for themselves.
Unfortunate Media TourThis is the way it should be, and the public comments by a member of the Fulton County special grand jury were unfortunate. In most cases, including this one, grand juror press interviews add little to public understanding of the process.
It is unseemly for a grand juror to talk with the press about the charging decision, because we expect the prosecution to speak with one voice through trained prosecutors who decide what should and shouldn’t be said publicly before trial.
Prosecutors know the ethics rules defining what they can and can’t properly say to the public before trial. Talkative grand jurors also open the prosecution up to attack in the press and from supporters of potential defendants, which is what has happened here.
Still, it is hard to imagine the grand juror’s public comments being more prejudicial to the criminal trial than the wording of the indictment itself if there is to be one.
Nobody says that indictments shouldn’t be released to the press to not prejudice a criminal trial. Most indictments are publicly released as soon as they are filed.
Grand jurors should stay silent and let prosecutors do the talking. But in this case, as in most other cases, the prejudicial effect of a talkative grand juror are minimal. Secret grand jury information wasn’t disclosed.
This grand juror press interview shouldn’t have happened, but it won’t prejudice the proceeding. There is absolutely no reason for the proceeding not to continue its course until justice is done.
David Super, Georgetown LawIt was startling to see the forewoman of Georgia’s special grand jury talking with a reporter.
While this wasn’t an ordinary grand jury, this interview doesn’t raise serious questions of fairness to those who may be charged. The tumult says more about a slow news week than any possible criminal cases.
Grand juries act on information presented to them by witnesses. Prosecutors present evidence and recommend indictments. Grand jurors then act, typically without any opportunity for the accused to present their side of the story.
It is said that many grand juries would indict a cheese sandwich if a prosecutor asked them to. Fairness is supposed to be addressed at trial.
We have become increasingly skeptical of grand jury one-sidedness over the years. The Fifth Amendment requires the federal government to rely on them to charge most serious crimes.
Yet this is one of the few provisions of the Bill of Rights never applied to the states. Some states have cut back dramatically on grand juries or abolished them altogether, having prosecutors simply bring criminal charges in their own names.
Georgia’s VersionGeorgia, however, seems to have gone in the opposite direction. It requires that prosecutors obtain indictments from a charging grand jury before proceeding to trial.
Georgia also allows prosecutors to convene special investigative grand juries to help sort through complex cases. Therefore prosecutors may obtain sworn testimony from key players when they don’t yet know enough to recommend indictments.
The special investigative grand jury investigated former President Donald Trump’s attempts to get Georgia in his column despite having been rejected by a majority of Georgia’s v**ers. It had no power to issue indictments.
It chose to make recommendations to the prosecutor, but those were essentially meaningless—any criminal charges would have to come from an entirely separate charging grand jury that must weigh the evidence itself.
And even if a charging grand jury did indict, all defendants would have the right to defend vigorously before an entirely separate trial jury that they would help select.
I would prefer we abandon grand juries completely—they’re wasteful, expensive, and add little to the process.
Avoid the Press
Those involved in criminal investigations—prosecutors, police officers, witnesses, as well as grand jurors—should avoid media interviews so that only testimony vetted at trial gets into the public domain.
And I certainly object when secret grand jury evidence is made public selectively, because those named may lack access to information that might clear them.
Yet this interview doesn’t seem to cause any problems, because Emily Kohrs didn’t say much. She said the grand jurors felt some witnesses lied. Many grand jurors do.
She didn’t say who they think lied or what the supposed lies were. Reporters following up predictably heard a chorus of, “It wasn’t me!” from witnesses—and nothing she said contradicted that.
Kohrs also said they recommended indicting some people whose names we know and some people whose names we don’t—which doesn’t tell me anything.
Grand juries have never been designed to be fair. The special investigatory grand jury in Georgia is no exception. But the crumbs the forewoman provided in her interview—none of which identified any individual—are hardly grounds for concern.