who makes the decision on indictments? Fitz or the Grand Jury?

I keep reading that Fitz has not made a decision on indictments. But remember the Grand Jury member in the Delay case? He said that THEY indicted Delay, not the prosecutor.

Anyone who can clear this up?

read on Kos - amazing claims about indictments. Is this ligit?

Welcome to DU!! :toast:

...the DA types up the indictments and then the GJ in closed session (without the DA present) votes yes/no on them.

However, it is within the GJ's power to write up their own indictments. It's unusual, but it does happen.

That it was the Grand Jury. The prosecutor presents the facts that say "there is evidence of a crime here" and asks the Grand Jury to indict.

I heard somone say recently (I forget who it was) that " A Grand Jury would indict a ham sandwhich if you asked them to."

http://www.uscourts.gov/journalistguide/district_criminal.html

Indictment

Before the target of an investigation is arrested, prosecutors generally will take the evidence they have gathered to a grand jury. Grand juries are composed of 16 to 23 citizens. Agreement by a bare majority is required to find probable cause exists that a crime was committed.

Grand juries are formally supervised by a district judge, often the chief judge, but for all practical purposes they function day-to-day under the auspices of the U.S. Attorney's Office. Only prosecutors present evidence before a grand jury, and a finding of probable cause – necessary to issue an indictment – is a relatively low standard of proof.

The indictment lists the crimes the defendant allegedly committed and describes the facts the government believes support those allegations. It is a roadmap to what the prosecution intends to prove at trial. Grand jury indictments are returned to the district court – usually to a magistrate judge – in a sealed court hearing. Indictments generally are unsealed after a defendant is arrested.

A criminal case also can begin without an indictment. In these cases, the lead investigator swears out a criminal complaint, called an "information," setting forth the same kinds of allegations and facts that would be contained in an indictment. Absent an indictment, the prosecution must convince a judge that there is probable cause to proceed with the case. These hearings are held in open court after the defendant has been arrested in a felony case. A defendant can agree to waive indictment and proceed with the case based on the criminal complaint, or can demand that the prosecutor seek an indictment.