did I miss it????? did Fitz empanel a 2nd grand jury??

[bobbieinok]

I ask b/c of post 145 at

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5226183#5226204

#145

[The Velveteen Ocelot]

1. No.

He will use an existing one if necessary.

[Skink]

2. Is there a difference.

[The Backlash Cometh]

4. Prefer the existing one.

I don't remember how the Voir Dire works with Grand Juries, but that's where the manipulation can occur from the heavily lawyered Bush ranks. Not that they would have input INSIDE the court, but perhaps could use the media as a bully pulpit.

[The Velveteen Ocelot]

6. The existing one is no longer in session -- its term has expired.

[No Exit]

10. Grand juries are selected randomly. They don't use voir dire! n/t

[xultar]

7. Thank you!!! That is what I heard too. But everyone seems to think

there are seald indictments and new GJ panels.

WTF do some people live on MARZ?

[Kagemusha]

3. Fitz doesn't need to empanel anything at this point.

He can just use a pre-empaneled jury that's on call since most of the testifying and all that's done. (i.e. there's huge amounts of pre-existing evidence that can simply be read rather than starting from scratch)

So this sounds like a misconception.

[whalerider55]

5. that's the part i don't understand...

a pre-existing grand jury? i thought they were empaneled for specific reasons. are there gj's out there just waiting to be assigned something? can you redirect a grand jury that is investigating white colllar crime to heart evidence like plame-gate?

if anyone out there can explain, please do...

whalrider

[TahitiNut]

8. Grand juries are required, under the Constitution, for all felony ...

... indictments. Thus, there's a general grand jury empaneled in every Federal District at all times. The question of whether to empanel a Special Grand Jury, specifically chartered for complex and extended cases, is up to the District Court, I believe.

Grand juries make two determinations: (1) that a crime actually occurred and (2) that there's probable cause to indict a person for the commission of that crime. (Probable cause is a charging standard, far lower than beyond a reasonable doubt required for guilt.)

Disclaimer: IANAL ... This is only what I understand from researching the background on CIA/Plame.

[annabanana]

13. thanks so much.. this had puzzled me too.

I also thought that they were empaneled for a particular case.

[Princess Turandot]

9. Large municipalities probably have GJs in session at all times..

I served as a Grand Juror for NYS Supreme Court several years ago.
New GJs were empaneled at the beginning of each month. There were 7 or 8 of them selected in the month that I served. (More crime at the time.) I'm not certain how a specific case goes to a specific GJ, altho I have the impression that it was more or less the luck of the draw.

In NYS, I believe that all felony arrests need to be indicted by a GJ for the case to go forward, unless the defendant waives the GJ and goes straight to arraignment. That's why so many GJs run at one time. (I served for a month.)

This case is in Federal Court. I don't know the specifics of how they use GJs etc but it's probably similar. I'm assuming Fitzgerald would go to whatever GJ is in service at the time he needs them.

[whalerider55]

11. thanks! n/t

[CherokeeDem]

12. Served on a Federal Grand Jury

I was on a Federal Grand Jury in KY for 18 months which I think is the usual length. Fitzgerald had the last GJ extended for an additional 6 mos. The GJ I was on also concurrently served as a Special Grand Jury on a specific case for 12 months. So 1-2 days a month we heard regular cases and then another 1-2 days we heard testimony on the Special Grand Jury. When our time ended, the next regular GJ served as the continuing GJ on a big case that we had started (and brought indictments) and also became the Special Grand Jury on the other matter. I think they could have empaneled two separate juries but decided not to in that case.

It was very interesting and very eye-opening.

[The Backlash Cometh]

14. Thank you CherokeeDem and welcome.

Can you tell us what kind of questions they asked from you before allowing you on the jury? I know there was no questions from the D.A., but did they ask you how you felt about certain legal issues?