Federal Grand Jury Crash Course
As a practical matter, a federal grand jury will almost always return an indictment presented to it by a prosecutor . This is the basis for Judge Saul Wachler’s famous saying that a prosecutor can get a grand jury to “indict a ham sandwich.”
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Under the seminal Supreme Court case of United States v. R Enterprises, Inc. , federal grand jury subpoenas are presumed to be reasonable and the burden of showing unreasonableness is on the recipient. A motion to quash a federal grand jury subpoena on relevancy grounds must be denied unless, “there is no reasonable possibility that the category of materials the Government seeks will produce information relevant to the general subject of the grand jury’s investigation.”
As a practical matter, a federal grand jury will almost always return an indictment presented to it by a prosecutor . This is the basis for Judge Saul Wachler’s famous saying that a prosecutor can get a grand jury to “indict a ham sandwich.”
....
Under the seminal Supreme Court case of United States v. R Enterprises, Inc. , federal grand jury subpoenas are presumed to be reasonable and the burden of showing unreasonableness is on the recipient. A motion to quash a federal grand jury subpoena on relevancy grounds must be denied unless, “there is no reasonable possibility that the category of materials the Government seeks will produce information relevant to the general subject of the grand jury’s investigation.”