Federal Grand Jury Reform

The Issue

In the words of William J. Campbell, a former federal chief judge in Chicago, “[t]he grand jury is the total captive of the prosecutor, who, if he is candid, will concede that he can indict anybody, at any time, for almost anything before any grand jury.”1  This allocation of power is completely at odds with the constitutional responsibilities (not to mention considerable burdens) of grand jury service.  Congress should work with the administration to empower federal grand jurors and address the institution’s long-neglected shortcomings.  Most importantly, anyone facing the awesome power of a federal prosecutor armed with a federal grand jury should be allowed to have counsel.