Trump-Russia Investigation: What’s A Grand Jury & Why Does Mueller Need One?

News broke on Thursday evening that Justice Department special counsel Robert Mueller had "impaneled a grand jury" for his investigation into Russian meddling in the 2016 election.

Although most people are familiar with the term, few actually know what a grand jury looks like, what it does and when it was started. Here’s a quick explainer.

What’s A Grand Jury?

While there can be as few as six members, a grand jury is typically made up of between 16 and 23 jurors. (Which is why they’re "grand," at least compared to a trial jury.) Like traditional juries, the members of a grand jury are meant to be impartial. The jurors are chosen at random and vetted by the federal district court.

The grand jury is presented an outline of the case by a prosecutor, who also presents evidence and witnesses. Grand juries then go off and vote in secret about whether enough evidence exists to charge a person with a crime.

Unlike traditional court cases, all the proceedings before a grand jury are sealed—only those in the room know what’s been discussed. Also, there’s no cross-examination or a presentation by the defense. In fact, witnesses may not have lawyers during the questioning by the grand jury.

A Grand Jury’s Purpose

Grand jurys traditionally fill two functions: investigative and charging.

• Investigating. A grand jury has the power to subpoena documents and witnesses that a federal prosecutor deems necessary for the case. In the current investigation, it means Mueller can go to the grand jury and ask it to issue subpoenas of, say, documents or records related to Donald Trump Jr.’s meeting with a Kremlin associate. The grand jury could also subpoena everyone at the above meeting to testify, under oath, about what went on.

• Charging. Before a person can be charged for a crime, a grand jury must determine that probable cause exists to believe the person has committed a crime. This is why grand juries are given the above powers: by hearing and reading evidence, they can hopefully ascertain whether probable cause exists. The grand jury itself doesn’t decide if a party is guilty, only if there’s enough evidence to indict them with a crime.

Where Do Grand Juries Come From?

In fact, grand juries originate from one of our nation’s founding documents: the Bill of Rights. The Fifth Amendment reads: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury."

What Can You Do?

What do you think of Mueller’s grand jury to investigate possible connections between Trump and Russia? Do you think the grand jury should be allowed to look into Trump’s finances? Do you think that Congress should make it harder for President Trump to fire Special Counsel Robert Mueller?

—Josh Herman

(Photo Credit: * Nick Youngson / Creative Commons)*