A layman's summary and commentary might be made thus:
Focus Point: A grand jury convened and impaneled by WE THE PEOPLE: A federal grand jury can be impaneled by a self-organizing group of concerned citizens who are careful to develop procedures that lead to an authorized binding of recognition before a US Magistrate that compels prosecution based on its findings and indictments.
A grand jury is constitutional but is not a part of any government authority prescribed under the Constitution. Courts, prosecutors, Congress do not govern or rule grand juries including the mandating of procedures for their convening. They are recognized under the Constitution with or without any government appendage period. Swearing in of members of a grand jury is not necessarily a purview of courts and judges.
A swearing in and an administering of oaths of members of a grand jury can take place in secret or in the presence of a judge. In the latter case, the swearing in may be viewed as a form of 'recognition' before the court of a grand jury's purpose.
A grand jury operating independently can 'request' witnesses to participate in its deliberations but it cannot make witnesses appear before it although it can ask a court to make a witness appear (issue a summons) just as any court convened grand jury
Now here is a crucial detail to consider: Mueller's cabal of leftist lawyers have a hand in 'selecting' members of the grand jury they impanel. The fact that there is not one republican conservative lawyer brought in by Mueller is telling. Hence, with certainty, it can be expected that the grand jury impaneled by Mueller's lawyers will be biased against the Trump Administration.
However, the discussion above points out that 'selecting' a grand jury is not up to judges or prosecutors. it can be impaneled by an association of concerned citizens. Its constitutionality is unquestioned, therefore its findings and indictments are just as binding as a grand jury impaneled by a prosecutor.
By finding and indicting Hillary Clinton, a grand jury impaneled by a group of concerned citizens can present their findings and indictments to any federal prosecutor to pursue criminal charges against Clinton. And there are no precedents or authorities for such prosecutors to decide if the grand jury's findings and indictments are or are not sufficient. The only clear refusal to prosecute on presentment of a grand jury's findings and indictments would be if constitutional rights were to be violated and even then it is case-by-case, point-by-point.
This is posted as a response to the lack of movement by Congress or by DOJ to counter the Mueller action of impaneling a grand jury.
See below references to Judge Janine.
PING!!!
Article and comments
Now here is a crucial detail to consider: Mueller’s cabal of leftist lawyers have a hand in ‘selecting’ members of the grand jury they impanel. The fact that there is not one republican conservative lawyer brought in by Mueller is telling
More at link
Thanks, Hostage
A DC Grand Jury consists solely of people who get checks from the government, and some who get checks from servicing them.
It is very unlikely they will do anything but what the government wants them to do.
The crucial relevant quote of Justice Scalia taken from US v. Williams:
“The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of court to seek a grand jury indictment.”
Driving the point home.
We know it’s a long shot for such an outside-the-court convening of a grand jury but the alternative is to wait for action by Congress or by the DOJ, and with high probability that alternative is NOT GOING TO HAPPEN.
Ping for later
So how exactly would any group of people go about impaneling a legitimate grand jury.
Let’s say a pro Trump guy like Hannity wanted to create a grand jury to investigate all the corruption of the deep state how would he do that? What are the specific steps? And has that ever been done? And where would the money to fund such an investigation come from? (maybe that is the show stopper).
... the grand jury can investigate merely on suspicion that the law is being violated...
NOBODY has declared which law(s) Trump, or his election team, has violated
Superb post.
hmmmm freepers federal grand jury ....first Lynch and Rice...then the Clinton. ...then Holder and Obama and Soros.
Thanks for posting this.
A positive first step.