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To: Lurking Libertarian

Yes, the other way around. Was in a hurry. The point remains, a grand jury need not be created by a prosecutor, or convened by a court. Organizers can file with a court to take advantage of the Court’s subpoena powers, and odds are there will be a federal court that will accommodate.

A grand jury is not created to determine guilt or innocence, just evidence of wrongdoing, of probable cause. Judicial Watch could ask a Court for permission to impanel a grand jury. It need not be a prosecutor.

Yeah, Scalia would have ruled FOR Williams had he seen plainly that grand juries were constitutional only under the judicial branch.


31 posted on 08/09/2017 3:58:53 PM PDT by Hostage (Article V)
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To: Hostage
The point remains, a grand jury need not be created by a prosecutor, or convened by a court.

You're still ignoring Scalia's quote that "Judges' direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together" (emphasis added).

In any event, federal law now provides that only federal courts can order that a grand jury be summoned, Federal Rules of Criminal Procedure 6(a)(1), and that any indictment returned by a grand jury is void unless it is also "signed by an attorney for the government," Federal Rules of Criminal Procedure 7(c)(1).

32 posted on 08/09/2017 4:47:19 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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