The grand jury was created to check the government, but it has been turned into a prosecutorial bulldozer that now tramples over civil liberties.
Item: Josh Wolf, 24, is a freelance journalist and blogger. He wanted to be left alone, but the feds have locked him up because he will not help them investigate the crimes of other people. We generally have the freedom to help the police or to decline. It is up to us to decide. Not so with grand juries. Cooperate–or go to jail. As Mr. Wolf was escorted to his jail cell, the judge intoned that he was not being punished. Rather, the government was merely housing Mr. Wolf with suspected criminals so that he might “change his mind.” Mr. Wolf cannot even challenge the legality of this “procedure” before a real jury because he is not being “punished.” Mr. Wolf is in grandjuryland.
Item: Federal prosecutors are now perusing the phone records of reporters for the New York Times. There was no search warrant that was approved by a federal judge. The records were acquired by a grand jury subpoena, which does not require the approval of a judge. Indeed, prosecutors can issue such subpoenas without even notifying the grand jurors.
Few people appreciate the incredible powers of the grand jury–and it is safe to say that the government likes it that way.