Chief U.S. District Judge James Boasberg has ordered a temporary change to grand jury procedure in Washington, D.C., requiring notification when a grand jury declines to issue an indictment.
Grand juries don’t report their decisions. This is new.
“This Court finds that notification should be provided to the duty magistrate judge whenever a grand jury fails to concur in an indictment, regardless of whether the defendant has already been charged.”
The directive does not make those decisions public, but it does require formal reporting to a magistrate judge. That creates a record.
He’s pushing to give the grand jury a place in future decisions.
“When a grand jury fails to concur in an indictment in a GJO investigation, the foreperson shall promptly and in writing report the lack of concurrence to the duty magistrate judge under seal.”
The seal issue isn’t as secure as it might seem. This order requires notice every time.
Coincidentally or not, the order follows a failed effort by federal prosecutors to secure indictments against six Democrat members of Congress over statements urging military personnel to reject unlawful orders.
Boasberg made the grand jury decision visible.
Boasberg said it is temporary.
“This order shall remain in effect for 120 days, during which time the Court will consider the adoption of a local rule requiring such notifications.”
So why?
He sometimes or temporarily wants the grand jury’s decision to become part of the record after six Democrats skated. Hmmmmm. Don’t forget, Boasberg is out to get Trump.
Boasberg’s friend, Chief Justice Roberts, recently said we all have to stop insulting judges. It was likely aimed at President Trump and his comments about the Justices’ decision on tariffs. However, he made a general statement, and no, we won’t stop criticizing judges when they are wrong. They are just lawyers, and they can be wrong.
“Judges around the country work very hard to get it right, and if they don’t, their opinions are subject to criticism,” he said. “But personally directed hostility is dangerous, and it’s got to stop.”
Roberts was appointed by President George W. Bush in 2005 and operates as an institutionalist seeking to protect the Supreme Court’s reputation.
However, he wasn’t terribly upset when Obama threatened them over Obamacare.
District judges are overwhelmingly activists and they work hard to kill the America First agenda.
