The Ferguson GJ was completely out of order.
Originally Posted by CuteOldGuy
UNITED STATES, Petitioner v. John H. WILLIAMS, Jr., 504 U.S. 36 (112 S.Ct. 1735, 118 L.Ed.2d 352) (1992).
Scalia for the majority:
,,,,,…..the traditional American practice was described by Justice Nelson, riding circuit in 1852, as follows: "No case has been cited, nor have we been able to find any, furnishing an authority for looking into and revising the judgment of the grand jury upon the evidence, for the purpose of determining whether or not the finding was founded upon sufficient proof, or whether there was a deficiency in respect to any part of the complaint. . . ." United States v. Reed, 27 Fed.Cas. 727, 738 (No. 16,134) (CCNDNY 1852).
Here's Scalia's "rule for grand juries" ... as opined for the majority:
"Given the grand jury's operational separateness from its constituting court, it should come as no surprise that we have been reluctant to invoke the judicial supervisory power as a basis for prescribing modes of grand jury procedure. Over the years, we have received many requests to exercise supervision over the grand jury's evidence-taking process, but we have refused them all, including some more appealing than the one presented today. In Calandra v. United States, supra, a grand jury witness faced questions that were allegedly based upon physical evidence the Government had obtained through a violation of the Fourth Amendment; we rejected the proposal that the exclusionary rule be extended to grand jury proceedings, because of "the potential injury to the historic role and functions of the grand jury." 414 U.S., at 349, 94 S.Ct., at 620. In Costello v. United States, 350 U.S. 359, 76 S.Ct. 406, 100 L.Ed. 397 (1956), we declined to enforce the hearsay rule in grand jury proceedings, since that "would run counter to the whole history of the grand jury institution, in which laymen conduct their inquiries unfettered by technical rules." Id., at 364, 76 S.Ct., at 409."
The majority voted in
Williams to reverse the quashing of an indictment by the United States District Court (affirmed by the Court of Appeals) [aka a FEDERAL INDICTMENT] on the basis that the prosecution "failed to produce" exculpatory evidence to the Grand Jury and rejected the Defendant's claim that it was a violation of the 5th amendment (and due process) for the prosecution to "select" the evidence presented to the Grand Jury.
I have searched for "Scalia's Rules for the Grand Jury" expressed in the last couple of days and his pronouncement that the "Ferguson Grand Jury" was wrong. I have been unable to find such a statement by Scalia made since the "Ferguson Grand Jury" .... No Billed Wilson.
Could you please provide a link to such a statement by Scalia in November 2014?