In Unusual Move, Prosecutors Secure Federal Charges From Local Grand Jury
A judge, Zia M. Faruqui, said that what appeared to be a kind of grand jury forum shopping seemed to have broken “decades-long norms and the rule of law.”
A judge, Zia M. Faruqui, said that what appeared to be a kind of grand jury forum shopping seemed to have broken “decades-long norms and the rule of law.”
www.nytimes.com
“… On Monday, a magistrate judge pre-emptively refused to accept an indictment after learning that prosecutors had performed what he described as an “end run” around the normal course of justice. After failing to secure an indictment from a federal grand jury, prosecutors took the federal charges to a local grand jury, which returned an indictment.
In
a scathing order filed in Federal District Court in Washington, the magistrate judge, Zia M. Faruqui, told prosecutors that he had never heard of such of thing, saying that what appeared to be an example of grand jury forum shopping had broken “decades-long norms and the rule of law.”
“At a minimum, this is very unseemly,” Judge Faruqui wrote. “More than likely, it is unlawful.”
Jeanine Pirro, the U.S. attorney, pushed back in a statement. “Instead of being an activist judge, Judge Faruqui should spend more time focused on his cases, so that he doesn’t get overruled so often,” she said. “The submission of an indictment to the court is a ministerial act over which Judge Faruqui has no additional powers of judicial review.”
… Legal experts say that prosecutors have at times used Superior Court grand juries to return indictments on federal charges, but only under exigent circumstances. The practice happened somewhat frequently during the coronavirus pandemic, for example, when it was difficult for members of grand juries to safely sit together on a regular basis.
… As a curative measure, Judge Faruqui asked prosecutors to file him papers by Friday effectively explaining their actions and telling him whether he even had the legal authority to accept an indictment on federal charges from a local grand jury.“