What Is a Grand Jury and How Does It Affect the Investigation in Russia?
According to The Wall Street Journal , Justice Department special adviser Robert Mueller has convened a grand jury on Russia’s interference in the 2016 presidential election. This jury would allow Mueller to pursue subpoenas, forcing people to testify in court and submit documents for investigation.
A grand jury has been working in Washington, DC for several weeks now, and has issued subpoenas for Donald Trump Jr.’s meeting with a Russian lawyer last year , Reuters reported.
What is a grand jury and how are they different from other types of juries?
A grand jury is made up of randomly selected citizens who consider evidence of possible criminal acts and decide whether to initiate criminal proceedings against the accused. A grand jury is required for all federal felony charges, but state and district attorneys may also use a grand jury.
The grand jury can summon a subpoena and force witnesses to testify in court under oath. A federal grand jury usually has 16 to 23 people, while a jury usually has 12 people. The grand jury also lasts longer (at least a few weeks, but often several months, and sometimes years) and is not public.
Unlike other jurors, the grand jury does not hear from the defense. Instead, juries and federal prosecutors can question witnesses, and witnesses are not allowed the presence of lawyers during interrogations. Using this information, the grand jury decides if someone has a credible reason for committing the crime, rather than (as in a jury trial) if someone is guilty or not. If the grand jury does not indict the person under investigation, prosecutors can still charge that person with a crime if they convince the judge that the person may be guilty.
What does this say about the investigation in Russia?
It should come as no surprise to The Hill that Mueller convened a grand jury. In fact, that’s expected when special investigators are tasked with investigating possible wrongdoing at the White House, legal experts say. A Washington-based lawyer told The Associated Press that “the use of a grand jury does not escalate an investigation or set a timeline.”
But a grand jury investigating Trump Jr.’s meeting with Russia is not the first jury to investigate Russia’s ties to the president. Before Mueller took over the investigation, federal prosecutors convened another grand jury in Alexandria, Virginia, to examine dealings and contacts as part of the campaign of former Trump national security adviser Michael Flynn.
The new grand jury is a sign that investigations are gaining momentum – showing that the Russian investigation has expanded beyond Flynn to several members of the Trump family, as well as current and former aides, and may continue for many months to come. It also means that criminal charges are possible (and that Mueller has evidence of possible criminal activity). It is not yet clear who is the subject of the investigation.
The grand jury has filed subpoenas to investigate Hillary Clinton’s mail server , but have never filed any charges against her. There were also grand juries that examined Richard Nixon during Watergate and Bill Clinton in relation to Whitewater .
How did Trump react?
In response to the investigation, Trump called it “a completely fictional story about Russia” and said Democrats used it as “the excuse for the biggest loss in the history of American politics” at a rally in West Virginia on Thursday .
Trump’s lawyers, meanwhile, are looking into potential conflicts of interest in Mueller’s team and warn that the audit of Trump’s finances is not relevant to the investigation. Trump’s attorney Jay Sekulou said the presence of a grand jury in an investigation was nothing to worry about, calling it “standard operating procedure in a situation like this.”