D.C. Residents Have Found a Subversive New Way to Fight Trump's Takeover

"Federal grand juries return indictments in the overwhelming majority of cases, about 99.9 percent, according to the best estimates. The prosecution controls every aspect of the proceedings, while the defendant has no opportunity to object or present their case; there's a reason lawyers joke that a grand jury would indict a ham sandwich. It is historic, and quite possibly unprecedented, for federal prosecutors to face so many rebukes in such a short span of time."

"Each failed prosecution was transparently motivated by partisan anger toward opponents of Donald Trump and his agenda. Each weaponized the criminal code against a dissident who opposed the regime's agenda, inflating a minor act of disobedience into a felony offense. And in every instance, a group of D.C. residents saw through the charade, refusing to legitimize political retribution dressed up as law enforcement."

"For nearly a month, the president has staged a hostile "takeover " of the District, flooding the streets with federal police, masked immigration agents, and National Guard members. Because they lack the protections of statehood, Washingtonians have few concrete means of fighting back. Grand juries are one of them. And they have begun to wield that power to frustrate Trump's attempt to criminalize dissent."

Multiple Washington, D.C. grand juries have refused to indict at least five individuals prosecuted by the Trump administration, an extraordinarily rare occurrence. Federal grand juries typically return indictments in about 99.9 percent of cases, and prosecutors control proceedings with no defendant participation. The declined indictments represent historic rebukes of federal prosecutors and a humiliation for the U.S. Attorney. The grand jury refusals likely reflect juror recognition that those prosecutions were partisan, weaponizing criminal law to punish dissent. The president's heavy security presence in D.C., combined with the city's lack of statehood protections, has pushed residents to use grand juries to resist attempts to criminalize political opposition.

Read at Slate Magazine