Even a former president is not above the rule of law.
 | By Jyoti Thottam Editorials Editor |
Like many journalists who have been following the case brought by the Manhattan district attorney against Donald Trump that led to the indictment of the former president in New York, I have recently had to educate myself on the minutiae of how grand juries work. |
Prosecutors — in this case, representing an elected district attorney — present their evidence to a grand jury. The grand jury, a group of 23 ordinary citizens, weighs that evidence using common sense and instruction on the law from the district attorney's office and a judge. It then issues an indictment, if it chooses, and recommends charges against one or more defendants. The grand jury makes that decision independently, although it is often guided by the prosecutor; it is also free not to issue an indictment, to issue an indictment for charges different from the ones requested by the prosecutor or to recommend charges against people other than those named by the prosecutor. And the grand jury operates on its own timeline; it is the grand jury, not the prosecutor, who decides when its work is finished and when the indictment itself will be issued. |
All of those details are important. The grand jury process that led to the indictment of a former president on Thursday is, in one sense, an indication that the American justice system is functioning as it should — a system that is free from political pressure and applies to everyone, even a former president. This is the principle — the importance of due process and accountability — that the editorial board chose to highlight: "Mr. Trump badly damaged America's political and legal institutions, and threatened them again with calls for widespread protests once he is indicted. But those institutions have proved to be strong enough to hold him accountable for that harm." |
In the coming weeks, we will continue to examine the case and its repercussions. While former leaders have been indicted, tried and even convicted in many other countries, this would be new terrain for the United States, and the implications for American politics and our democracy are not yet clear. The grand jurors who served in this case played a crucial role; my colleagues in Opinion and I will do our best to play our role in helping Americans understand it. |
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