Previously reported here, is the NACDL creation of a DOJ Tracker. Now online, is the Year One Report of this Tracker. The Report focuses on two observations and the first is particularly interesting – “the lack of consistency and transparency in the reporting of “no true bills” issued by grand juries.”
There is a logical reason not to report a name of an individual or corporation – if there is a “no bill.” It would convey to the public information about that individual or corporation having been under investigation. With no indictment, this disclosure could be harmful to the unindicted person or entity.
But the number of “no bills” issued by a grand jury would provide important information for the public. It might also be helpful to know if a “no bill” was for a person or corporation that had previously had a “no bill” from a grand jury. Is the government presenting repeated testimony to different grand juries in the hopes of finding one that might indict.
Hopefully, the government will use this information to assess the effectiveness of their prosecution policy. Are their “no bills” coming from particular offices, for certain crimes, against particular types of individuals, or other factors that might be within this data. This is information that the government should welcome to assure a better alignment of its resources.
(esp)