Wednesday, February 18, 2026

Grand jurors standing up to tyranny nationwide

Something extraordinary is happening in federal courthouses across America: Grand juries are exercising their power to reject criminal charges in high-profile cases, according to Chesa Boudin, the former San Francisco district attorney and Eric Fish a law professor at the University of California, Davis writing in   The New York Times.

In Washington, a grand jury refused to return a felony indictment against a man who threw a sandwich at a Customs and Border Protection officer during a crackdown ordered by President Trump. In Chicago, grand jurors have declined to indict in several felony cases stemming from a similar operation; prosecutors seemed to get the message and dismissed additional cases. In Minnesota, federal prosecutors have charged some demonstrators with misdemeanors in cases involving encounters with federal agents — and it is very likely that they did so in some cases because the prosecutors expected grand juries would reject felony charges.

Federal grand juries in Virginia twice decided not to indict Letitia James, the New York attorney general, after a judge dismissed an initial case against her. Another federal grand jury in Virginia declined at least one charge against James Comey, the former F.B.I. director; the prosecutor later improperly filed a version of the indictment the full grand jury never saw.

This week, a grand jury rejected an effort by the U.S. attorney’s office in Washington to indict the six members of Congress who appeared last year in a video underscoring the obligation of service members to refuse illegal orders.

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