Washington — An institution long dismissed as largely ceremonial is unexpectedly reasserting itself under President Trump: the federal grand jury. According to reporting from Politico, grand juries once infamous for approving nearly any indictment placed before them by prosecutors are increasingly refusing to do so in cases tied to controversial Trump administration priorities. Politico describes the shift as a fundamental change in how federal prosecutions are unfolding, particularly where political motives are perceived.
A University of Dayton law professor and defense attorney, Thaddeus Hoffmeister, told Politico that grand juries appear to be fulfilling the role the framers envisioned. “For a long time, many people questioned why we even have grand juries, then the last couple of months, we start to see that maybe the founding fathers were right about this,” Hoffmeister said, according to Politico.
As Politico reports, grand juries have emerged as a major obstacle to Trump’s efforts to use the criminal justice system against political opponents and activists. Furthermore, Politico explains that federal prosecutors in Washington, D.C., Los Angeles, Chicago, and parts of Virginia have encountered a growing number of “no bills,” a term used when a grand jury rejects authorization for an indictment.
Politico notes that the federal grand jury rarely refused indictments in the past. Former New Jersey Gov. Chris Christie, who once served as the state’s top federal prosecutor, told Politico that in seven years he had never seen a case rejected by a grand jury.
Politico cites 2016 federal justice statistics to reinforce this rarity. Politico explains that in 2016, prosecutors declined thousands of cases before indictment, but grand juries themselves rejected indictments only six times nationwide.
Politico explains that many of the declined cases involve high-profile Trump priorities. Politico further reports that grand juries have rejected charges involving former FBI Director James Comey, New York Attorney General Letitia James, activists accused of clashing with federal agents, and individuals accused of threatening President Trump.
Politico raises sharp concerns about prosecutorial competence and overreach, describing that many failed indictments were pursued by former insurance attorney Lindsey Halligan, who had no prior prosecutorial background and whom Trump appointed to politically sensitive cases. Additionally, Politico explains that a charge against former FBI Director James Comey was rejected outright, while an indictment against New York Attorney General Letitia James was dismissed by a judge and later rejected by two separate grand juries.
Politico notes that Trump-appointed prosecutors have pushed back. U.S. Attorney Jeanine Pirro blamed grand jury refusals in Washington, D.C., on jurors she claimed were disconnected from crime realities, while similar frustration emerged in Los Angeles, where fewer than a quarter of felony cases tied to immigration enforcement resulted in indictments at one point, according to Politico.
Politico explains that these developments underscore the grand jury’s constitutional role as a safeguard against politically motivated prosecutions. Legal scholars told Politico that community judgment and political disagreement are not system failures but core features of the institution’s design.
Politico also reports growing concerns over the erosion of grand jury secrecy. Furthermore, Politico explains that legal experts have warned that if grand juries are increasingly seen as political battlegrounds, greater transparency and accountability may follow as public trust in prosecutorial fairness continues to erode.
As Politico reports, the resurgence of grand juries serves as a reminder of their original constitutional purpose to act as a check on executive overreach. Politico emphasizes that grand juries are reassuming their role as a democratic safeguard, with consequences that could reshape federal prosecutions long after the Trump era.
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