Grand Jury investigations revving up on Puerto Rican nationalists and NY Times investigative journalist.
In theory, and, according to traditional practice, grand juries, (juries charges with examining evidence before brought forth by a prosecutor to determine whether it warrants an indictment and trial), were meant as a check and balance on unscrupulous government prosecutors. In practice, however, grand juries have often been a tool of choice for prosecutors on a vendetta to launch "fishing expeditions" to gain evidence supporting indictments they might not already have. In a grand jury investigation prosecutors have nearly unbounded latitude to issue at will subpoenas to compel people to testify against targets of their investigations, and by compelling targets to testify against themselves, all without legal counsel (defense lawyers cannot be present at a grand jury investigation ) or public spectators, including media. Critics of the system (which has been abandoned in most countries outside the US) have called them unconstitutional platforms for the government to pursue "witch hunts" by compelling and even coercing testimony. I Judge Sol Wachtler, the former Chief Judge of New York State, was quoted as saying that a prosecutor could persuade a grand jury to "indict a ham sandwich." In that context both these investigations, and reaction to them, will be well worth watching, especially in light of the fact that the USA Patriot Act allows all testimony from Grand Jury hearings (formerly completely secret) to be accessed by the FBI and other government law enforcement agencies.
In theory, and, according to traditional practice, grand juries, (juries charges with examining evidence before brought forth by a prosecutor to determine whether it warrants an indictment and trial), were meant as a check and balance on unscrupulous government prosecutors. In practice, however, grand juries have often been a tool of choice for prosecutors on a vendetta to launch "fishing expeditions" to gain evidence supporting indictments they might not already have. In a grand jury investigation prosecutors have nearly unbounded latitude to issue at will subpoenas to compel people to testify against targets of their investigations, and by compelling targets to testify against themselves, all without legal counsel (defense lawyers cannot be present at a grand jury investigation ) or public spectators, including media. Critics of the system (which has been abandoned in most countries outside the US) have called them unconstitutional platforms for the government to pursue "witch hunts" by compelling and even coercing testimony. I Judge Sol Wachtler, the former Chief Judge of New York State, was quoted as saying that a prosecutor could persuade a grand jury to "indict a ham sandwich." In that context both these investigations, and reaction to them, will be well worth watching, especially in light of the fact that the USA Patriot Act allows all testimony from Grand Jury hearings (formerly completely secret) to be accessed by the FBI and other government law enforcement agencies.
Leave a comment