Federal judge in D.C. issues new grand jury policy after failed indictment of Democrats
The District of Columbia’s chief federal judge has ordered that the judiciary be notified when a grand jury rejects the Trump administration’s attempts to indict defendants, following the failed effort to indict six sitting members of Congress over a social media video.
Judge James Boasberg said the rule applies when the indictment effort is first a grand jury investigation. He specified that this system would be in effect for 120 days, but that it could become permanent.
Boasberg wrote that the decision was “in the interest of consistency and transparency.”
“This court believes that notice should be provided to the duty magistrate judge whenever a grand jury fails to approve an indictment, whether or not the defendant has already been indicted,” he said.
The new policy, dated March 4, clarifies that even if a prosecutor decides to drop the case after a failed prosecution, the magistrate judge must be notified of unsuccessful prosecution attempts.
Boasberg’s order requires that the grand jury foreperson “promptly and in writing report the lack of competition to the magistrate judge on duty under seal” and that such notifications be kept in confidential files in the clerk’s office.
Grand juries are an essential part of the American system of government and are recognized in the Fifth Amendment, which states that no person “shall be held responsible for any capital or other infamous crime, except upon presentment or indictment of a grand jury.”
As NBC News first reported, the government has failed to convince a single grand juror that it met the low threshold of probable cause to indict the six Democrats featured in the social media video that upset President Donald Trump. The video advised members of the military and intelligence communities not to obey illegal orders.
In November, Trump accused the six Democratic lawmakers of “seditious behavior” and called for them to be “arrested and tried,” for behavior “punishable by the death penalty.” Days later, the FBI attempted to schedule interviews with all six lawmakers — Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire and Chris Deluzio and Chrissy Houlahan of Pennsylvania, as well as Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan — none of whom chose to sit down with the bureau.
In February, lawyers from Pirro’s office — including a longtime associate and former House Republican staffer — presented a case against the six lawmakers to a federal grand jury, which rejected the attempted indictment.
Boasberg’s order also said that, in a sealed memo, the government had given its opinion on whether the judiciary should be informed, but did not specify what that was.
Pirro’s office declined to comment. Politico first took note of the order.
