what is the legality of this? how many times can one try to obtain an indictment for the same alleged offense?
what is the legality of this? how many times can one try to obtain an indictment for the same alleged offense?
Didn't Ken Starr tell you?
There's no limit although sooner or later you might get district judges to call it misconduct based on their general supervisorial power
Trump is gonna turn us all into accidental sovereign citizens. Everyone on a grand jury will just say "we refuse to indict because this so called 'Department of Justice' has no legitimacy"
Unfortunately it seems increasingly likely SCOTUS will undercut any attempt to sanction attorneys or bring contempt charges for brazen misconduct. Doesn’t mean that judges shouldnt start getting names on the record though.
Just re-emphasizing how rare it is to have a single no bill in a Fed grand jury case. The jury weighs its vote based on a probable cause standard. They don’t need a unanimous vote.
There's no double jeopardy for indictments. In theory they could try unlimited times.
The sell by date of the luncheon meat
"We can only try to convict you once, but we can try to indict you forever! Loophole!"
The bigger problem is that "legality" doesn't seem to mean anything to these clowns. They've decided that "legality" is whatever they say it is in any given moment and that is not binding for the next moment.
You’d think there would be a double jeopardy component there, but I’m not a lawyer. It seems somewhat absurd that you could just repeat the grand jury process ad infinitum with shame being the only limiting factor. The problem is they don’t have shame.
the only limit is 30 days. jeopardy doesn’t attach each time a grand jury declines to indict.