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In the 1990s U.S. v. Williams ruling, the Supreme Court determined the federal courts lack the authority to require a prosecutor to present specific information to a grand jury, Klayman explained.
The opinion rejected the argument that the concept of “checks and balances” allows a court to “exercise supervisory power over grand jury proceedings.” Therefore, Klayman told WND, the citizen grand jury is considered the ideal vehicle to bypass all of the political attachments of the judiciary and cut to the chase in evaluating a president’s actions.
“Justice Antonin Scalia held … that the grand jury’s functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing and in the manner in which that power is exercised. Unlike [a] court, whose jurisdiction is predicated upon a specific case or controversy, the grand jury can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not,” he wrote.