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Let me address a very important and timely matter that, as best as I can tell, has not been addressed by the legal commentariat or, for that matter, defense counsel in the wide-ranging charges against President Donald Trump and his co-defendants.
The Fifth Amendment to the United States Constitution states, in pertinent part, that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury …” Is that what happened when Special Counsel Jack Smith and the Biden Department of Justice used the Washington, D.C., grand jury to charge former President Trump for alleged crimes that occurred in Florida in the so-called documents case, clearly using the wrong venue in violation of specific DOJ policy, and then hastily moved the case to a grand jury in Florida?
The protection afforded by a fair grand jury proceeding dates back many centuries to the Magna Carta and was prominently implemented by British and American courts applying Blackstone’s legal doctrines. The notion that any grand jury would indict a ham sandwich refers to the usual adoption by grand juries of evidence presented by a prosecutor. It should