Grand Juries Act As Independent Constitutional "Gatekeepers"
The “gatekeeping” function was designed by the Founders to prevent the executive branch from abuse
Grand juries are independent of all branches of government — they are randomly selected laypeople, not officials or legal professionals
Prior to 1946 Federal Rules of Criminal Procedure, People of the United States could bring evidence of wrongdoing directly to the Grand Jury. Since then, the People's access to the Grand Jury has been denied by government gatekeeping.
The Fifth & the Fourteenth Amendments secure the People’s right to due process of law.
18 U.S.C. § 3332, mandates the role of a U.S. Attorney “shall, if requested by such other person, inform the grand jury of such alleged offense…”
In United States v. Williams, 504 U.S. 36 (1992), Justice Scalia reaffirmed that the Grand Jury is not an arm of the prosecution or judiciary, but an independent body serving as a protector and shield of the People against tyranny. Blocking the People’s evidence from reaching the Grand Jury strips away this safeguard, leaving citizens defenseless against government abuse.
