Judge Wachtler’s review of the Grand Jury became the famous phrase that a grand jury could “indict a ham sandwich,” if that’s what you wanted because the prosecutors are totally unsupervised in bringing indictments.
The Grand Jury was supposed to protect citizens from political prosecutions determining only “probable cause” if the government presents their skewed side to claim a crime might have been made, but it has been completely undermined and serves nothing close to its constitutional purpose.
The Grand Jury is just a political tool for they get to hear ONLY the evidence that the government selects. There is absolutely NO REQUIREMENT that a prosecutor must make a fair presentment of the facts and indeed they are NEVER true and correct for there is no obligation to present the alternative or the defense of the person being indicted.
The Supreme Court wrote quite eloquently what the Grand Jury was supposed to do. “The … grand jury … has the dual function of determining if there is probable cause to believe that a crime has been committed and of protecting citizens against unfounded criminal
prosecutions.” Branzburg v Hayes, 408 US 665, 686-687 (1972).
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Is there any pose or posturing that inflames the independent man more than that of the elitist?
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