The Grand Jury Can And Must Indict Donald Trump /1
The Constitution creates an independent Grand Jury entitled to make its own “Presentments” with or without the approval of a Prosecutor.
IF IT'S NOT A RUNAWAY, IT'S NOT A REAL GRAND JURY
Roger Roots
dspace2.creighton.edu/xmlui/bitstrea…
The Constitution creates an independent Grand Jury entitled to make its own “Presentments” with or without the approval of a Prosecutor.
IF IT'S NOT A RUNAWAY, IT'S NOT A REAL GRAND JURY
Roger Roots
dspace2.creighton.edu/xmlui/bitstrea…
Indict Trump /2
“Prior to the emergence of gov’tal prosecution as the standard model,..all grand juries...operated as completely independent, self-directing bodies of inquisitors, w/power to pursue unlawful conduct to its very source, including the government itself.”
“Prior to the emergence of gov’tal prosecution as the standard model,..all grand juries...operated as completely independent, self-directing bodies of inquisitors, w/power to pursue unlawful conduct to its very source, including the government itself.”
Indict Trump /3
“Before the Federal Rules of Criminal Procedure...grand juries were understood to have broad powers to operate at direct odds with both judges and prosecutors.”
“Before the Federal Rules of Criminal Procedure...grand juries were understood to have broad powers to operate at direct odds with both judges and prosecutors.”
Indict Trump /4
“In theory, the grand jury is a body of independent citizens that can investigate any crime or government misdeed that comes to its attention. Except in rare instances...the powers of the grand jury enhance the powers of the prosecutor.”
“In theory, the grand jury is a body of independent citizens that can investigate any crime or government misdeed that comes to its attention. Except in rare instances...the powers of the grand jury enhance the powers of the prosecutor.”
Indict Trump /5
“Constitutional framers knew criminal law to be driven by private prosecution and did not contemplate the omnipresence of government prosecutors..early American common law placed far more power and investigative judgment in the hands of grand juries..”
“Constitutional framers knew criminal law to be driven by private prosecution and did not contemplate the omnipresence of government prosecutors..early American common law placed far more power and investigative judgment in the hands of grand juries..”
Indict Trump /6
At common law,a grand jury could freely "investigate..on[the]suspicion that the law[was] being violated...In light of the historic independence of the grand jury,the perfidy..in limiting the institution..can only be seen as willful subversion of well-settled law.”
At common law,a grand jury could freely "investigate..on[the]suspicion that the law[was] being violated...In light of the historic independence of the grand jury,the perfidy..in limiting the institution..can only be seen as willful subversion of well-settled law.”
Indict Trump /7
“A presentment is a grand jury communication to the public concerning the grand jury's investigation. It has traditionally been an avenue for expressing grievances of the people against government.”
“A presentment is a grand jury communication to the public concerning the grand jury's investigation. It has traditionally been an avenue for expressing grievances of the people against government.”
Indict Trump /8
“Present federal grand jury practice, which forbids grand jurors from issuing presentments without consent of a federal prosecutor, is unconstitutional and violative of the historical principles on which the creation of the grand jury was premised.”
“Present federal grand jury practice, which forbids grand jurors from issuing presentments without consent of a federal prosecutor, is unconstitutional and violative of the historical principles on which the creation of the grand jury was premised.”
