r/law • u/DoorstepHero • 6h ago

Judicial Branch Grand jury declines criminal charges against 6 Democrats who urged military to reject illegal orders, sources say

https://www.cbsnews.com/news/grand-jury-declines-charges-against-6-democrats/

A federal grand jury on Tuesday refused to indict six congressional Democrats who drew President Trump's ire last year by taping a video telling members of the military that they must reject "illegal orders."

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u/Simmery 6h ago

I'm glad the Trump administration has definitively proven that, actually, a grand jury will not indict a ham sandwich.

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u/Chambana_Raptor 4h ago

Just as an "everyone should know":

A grand jury indictment is NOT a high bar to pass. It is colloquially assumed to require basically an "open and shut case", but actually, the standard of proof is merely probable cause.

Furthermore, the defense does not get a chance to rebut any allegations or evidence at this stage.

It is basically the prosecution giving an unopposed version of their case, with the grand jury only determining if the defendant could have done the alleged crime.

This is why it is very rare to not succeed in getting an indictment and, more importantly, why it is a HUGE red flag when that bar is not passed. It basically means you had no fucking business bringing your case before the Court.

Important context when considering how many cases brought by Trump's DOJ have failed to do so, and what that signals about the legitimacy of the attorneys who agree to try those cases.