The old saying that “a grand jury would indict a ham sandwich” is true – a motivated prosecutor can usually get a grand jury to indict pretty much anyone. In a grand jury a prosecutor can present hearsay evidence, uncorroborated testimony, and a single law enforcement officer to speak the entire case to the jurors before they vote for the indictment on the prosecutor’s pre-selected charges. Prosecutors are not even required to present evidence that could clear the accused.
So seeing the grand jury as a stumbling block to a prosecution is not the norm. And seeing them reject an indictment more than once is telling.
Devlin Barrett, Jonah E. Bromwich, & Glenn Thrush, A Grand Jury Again Declines to Reindict Letitia James (NYTimes)
Perry Stein, Jasmine Golden, Salvador Rizzo & Jeremy Roebuck, Administration fails again to indict N.Y. Attorney General Letitia James (Washington Post)
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