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Government,
Criminal

Mar. 29, 2018

10 questions about the grand jury in Mueller probe

Defense attorney David Katz sheds some light on the secretive grand jury process.

David A. Katz

Katz & Associates

Email: katznassoc@aol.com

David was a law clerk for U.S. District Judge John Garrett Penn in Washington, D.C.; an assistant U.S. attorney in Los Angeles from 1983-90; and a criminal defense attorney in Beverly Hills since then.

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10 questions about the grand jury in Mueller probe
Robert Mueller, the special counsel leading the Russia investigation, leaves the Capitol in Washington, June 21, 2017. (New York Times News Service)

Must Special Prosecutor Robert Mueller use a grand jury?

Yes. The Fifth Amendment to the U.S. Constitution states: "No person shall be held to answer for a felony unless on the indictment of a Grand Jury." So Mueller must use the grand jury to charge anyone, unless, like Michael Flynn, he agrees both to plead guilty and to waive indictment.

Why have gran...

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