Grand Jury question. Is it true that the prosecutor will not have a target

[Ninga]

come before the Grand Jury?

[TygrBright]

1. I have been on two GJs and never seen a target. n/t

[Ninga]

2. So people who have flipped and/or witnesses? Nt

[TygrBright]

7. LOTS of witnesses.

Since the job of the GJ is to evaluate the quantity and quality of the evidence the DA has and determine whether it warrants an indictment, the DA staff bring pretty much all the evidence they have that supports their case.

The really GOOD DAs and staff also bring evidence that refutes their case and let the GJ weigh both.

They also provide references for the statutes they wish to indict under specifically, including the statutory language as it rests in law, plain-language versions where it's complex, and glossaries of special terms, etc. They also provide references for other relevant statutes in case the GJ wishes to take a wider view, add charges, escalate or de-escalate the degrees of charges, etc.

helpfully,
Bright

[lapfog_1]

3. typically no

the purpose (generally speaking) of the grand jury is to hand out indictments. The witnesses called are to provide evidence to create the indictments. The subject of the indictment would not be able to provide evidence against him or her self ( 5th amendment ). The grand jury is not a trial to determine facts or guilt of any party beyond a reasonable doubt.

[PoliticAverse]

4. They can just invoke their 5th amendment rights.

For an article discussing the issue with Trump and Mueller see:
https://www.justsecurity.org/54580/trump-subject-target-mueller-investigation-russia/

The DOJ on subpoenaing a target...

https://www.justice.gov/usam/usam-9-11000-grand-jury#9-11.150

9-11.150 - Subpoenaing Targets of the Investigation

A grand jury may properly subpoena a subject or a target of the investigation and question the target about his or her involvement in the crime under investigation. See United States v. Wong, 431 U.S. 174, 179 n. 8 (1977); United States v. Washington, 431 U.S. 181, 190 n. 6 (1977); United States v. Mandujano, 425 U.S. 564, 573-75 and 584 n. 9 (1976); United States v. Dionisio, 410 U.S. 1, 10 n. 8 (1973). However, in the context of particular cases such a subpoena may carry the appearance of unfairness. Because the potential for misunderstanding is great, before a known "target" (as defined in USAM 9-11.151) is subpoenaed to testify before the grand jury about his or her involvement in the crime under investigation, an effort should be made to secure the target's voluntary appearance. If a voluntary appearance cannot be obtained, the target should be subpoenaed only after the United States Attorney or the responsible Assistant Attorney General have approved the subpoena. In determining whether to approve a subpoena for a "target," careful attention will be paid to the following considerations:

The importance to the successful conduct of the grand jury's investigation of the testimony or other information sought;

Whether the substance of the testimony or other information sought could be provided by other witnesses; and

Whether the questions the prosecutor and the grand jurors intend to ask or the other information sought would be protected by a valid claim of privilege.

[cited in USAM 9-11.153] [updated April 2018]

[brooklynite]

5. Legally they CAN participate...

...but if they do, they face cross-examination by the Prosecutor.

[marylandblue]

6. DOJ guidelines discourage calling targets, but don't prohibit it

But Mueller isn't asking for Trump to go to the grand jury, just have him meet with prosecutors, which is voluntary.