Once prosecutors hear that a given grand jury rejects indictments, they might bring future indictments to a different grand jury. This also assumes that the AUSA did not signal to the grand jury that the case should not be charged. Although that would be unusual, lots of things are unusual here.
Harder to do when *three* grand juries reject indictments!
Very true! Also once a grand jury realizes it can do this, it may be hard for it to stop. Most regular grand juries are monthly, but the specials and additional are 18-36 months long, so they’ll be around. Also you can’t “game” the selection of grand jurors. In SDNY there were no “strikes.”