It turns out that there is a God, and she lives within the hearts of the many grand jurors who have bravely refused to indict multiple targets of Donald Trump’s retribution campaign. In the most recent case, a grand jury in Washington D.C. today refused to indict Cassidy Hutchinson. She was the former aide to Trump chief of staff Mark Meadows who came to prominence when she testified before the House investigations committee that brought impeachment charges against Trump for encouraging a violent crowd to attack the Capitol on January 6, 2021.
In an unusual departure from normal procedure, the charges against Hutchinson for lying to Congress were brought by the Civil Rights Division of the DOJ, which is run by Harmeet Dhillon, who turned the formerly prestigious division, which used to be dedicated to enforcing civil and voting rights laws, into an arm of the Trumpian lunatic fringe, bringing cases enforcing DEI policies, anti-transgender laws, so-called anti-Christian discrimination, and gun rights.
The Washington D.C. grand jury refused to indict Hutchinson with a “no bill.” To get a grand jury to indict someone, prosecutors need to convince only a majority of the grand jurors that there is reasonable evidence that someone committed a crime. Other D.C. grand juries have refused to indict the Subway sandwich guy, who was charged with felony assault for throwing a sandwich at a Border Patrol agent during a demonstration against Trump administration immigration policies. When the grand jury refused the felony indictment, Dhillon’s Civil Rights Division charged the man with misdemeanor assault on a police officer. When the case went to trial, the jury found the man not guilty.
In another loss by the Trump DOJ, a D.C. grand jury refused to indict six lawmakers for sedition when they spoke out about the rights of service members to refuse illegal orders. A federal grand jury in Virginia refused twice to indict New York Attorney General Leticia James on a charge of lying on a mortgage application for a home in Norfolk, Virginia. In August of last year, a grand jury in Washington D.C. issued three consecutive “no bill” decisions when the Trump DOJ attempted to indict a woman for felony assault on a federal law enforcement officer when she was filming ICE officers making an arrest of an undocumented immigrant. The DOJ then charged her with misdemeanor assault. A jury took less than two hours to find her innocent of the charges.
According to Just Security, grand juries have refused to indict at least 18 people on felony charges during the nearly two years Trump has been in office. In the infamous Broadview Six case during the ICE “surge” in Chicago, DOJ prosecutors failed to get two grand juries to indict defendants and went to an unprecedented third grand jury during which prosecutors dismissed a grand juror and were accused of communicating with grand jurors outside the jury room. The DOJ ended up dropping the charges against the six defendants when the judge ordered that unredacted transcripts from the grand jury be produced. Ten more defendants charged by the same prosecutor have been dismissed, and DOJ grand jury presentations in more than 1,000 cases are under judicial review.
Former FBI Director James Comey was charged yesterday with releasing a “sensitive national security document” to the press in October of 2016 when the FBI was investigating Russian influence on the presidential election. The charges against Comey are in the form of an “information,” which is not an indictment. Only a grand jury can issue an indictment. The Trump DOJ filed the “information” to get around the 10-year statute of limitations. Comey’s lawyers are challenging the charges because Comey is alleged to have committed the crime on October 5, 2016. He would have had to be indicted by October 5 of this year for the charges to be in actual effect, Comey contends. That issue will be litigated as the case moves forward. This reflects the extremes to which Trump’s DOJ has been willing to go so that Trump can his get his revenge on Comey. And for what? Comey did not drop an FBI investigation of Michael Flynn and refused to swear personal loyalty to Trump, telling him at a private dinner in 2017 that his loyalty was to the Constitution, not to an individual.
Let’s not mince words. Trump is carrying out the largest and most serious abuse of the Department of Justice in its history. When questioned on one of the Sunday shows about abuse of the DOJ, Attorney General Todd Blanche, Trump’s former personal lawyer, answered “I work for the President.” Standing alone, his answer is a violation of the oath he took to uphold and defend the Constitution, which guarantees rights that his department violates almost daily, many times on the orders of Trump himself. It was Trump, for example, who in the Reflecting Pool case demanded the felony indictment of David Hearn on charges of destroying government property. Hearn’s lawyers charged that DOJ prosecutors had lied to the grand jury about the cost of the piece of pool liner he was charged with removing to get its value over $1,000 so he could be charged with a felony. Charges against Hearn and five other defendants were dropped when the Park Service admitted that the damage had been caused by improper installation of the pool liner.
Cassidy Hutchinson has seen her life turned inside out and upside down by the DOJ’s attempts to get a political indictment based on her sworn testimony to the House committee. When the full force of the federal government comes down, your life stops. You have to hire an attorney and devote a significant portion of your life to defending yourself against charges that while entirely bogus could put you in jail.
Hutchinson testified that she had heard aides tell Trump that people showing up on the Ellipse to attend his rally on January 6 were armed and were being turned away. Trump told aides to take down the magnetometers detecting firearms and “let them in.” Cassidy told the committee that the conversation she overheard backstage before Trump’s speech led her to believe that he knew he was unleashing an armed and violent mob when he encouraged his followers at the rally to march to the Capitol.
We all saw the resulting violence that took place inside and outside the Capitol less than an hour later.
Federal grand juries are comprised of 16 to 23 citizens. About 125,000 people serve on grand juries each year across the 90 federal court jurisdictions. Grand juries hear evidence from prosecutors and testimony of witnesses presented by prosecutors. Grand juries do not hear from defendants or their lawyers, which is one reason why grand juries typically find it rather easy to agree that there is probable cause that a suspect has committed a crime. Proof beyond a reasonable doubt that the crime was committed is not necessary for an indictment.
Abuse of the grand jury system is typical of fascist dictatorships, not democracies. That an American patriot such as Cassidy Hutchinson was even charged to begin with is a crime against the Constitution. That a grand jury comprised of her fellow citizens refused to indict her is a credit to the Constitution she swore an oath to when she testified before the congressional committee investigating Trump’s attempt to overthrow the 2020 election.
Trump’s attempts to punish his enemies for telling the truth about his crimes is a reversal of everything this country and its democracy stands for. If Democrats get control of one or both houses of Congress, beginning in January, they can investigate Trump’s criminal brutalization of the Department of Justice. In the meantime, citizens serving on grand juries have become one of the last bulwarks against Trump’s fascism.












