Jared
@jaredmcclain.bsky.social
2.2K followers 1.1K following 984 posts
Civil Rights Lawyer “Crusading against government officials and the immunity doctrines that protect them." -St. Tammany Parrish Sheriff's Office Contractually obligated to say that my opinions are my own
![1. Precedent and history confirm that grand juries serve an investigative function that precedes a prosecutor's role as an advocate.
As discussed, prosecutorial immunity protects only those acts
"intimately associated with the judicial stage of the criminal process." Buckley,
509 U.S. at 271 (citation omitted). A grand-jury investigation necessarily
precedes an indictment and, with it, the judicial stage of the criminal process.
The eventual return of an indictment "does not retroactively transform" the
prosecutor's investigative work into a prosecutorial function. Id. at 275-76.
The district court's decision to the contrary mistakenly focused on the grand
jury's eventual indictments rather than Billy's preceding investigation, for
which he's subject to suit.
A grand jury "is a grand inquest, a body with powers of investigation and inquisition." Blair v. United States, 250 U.S. 273, 282(1919). It "belongs to no branch of the institutional Government [.]" United States v. Williams,
504 U.S. 36, 47 (1992). The "ex parte investigation" a grand jury conducts is
non-adversarial, "to determine whether a crime is committed and whether
criminal proceedings should be instituted." United States v. Calandra, 414 U.S.
338, 343-44 (1974) (emphasis added).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:cf5vvi43qzrty5aymb7qqbd7/bafkreih5vwb7na4vq256nafscmmpwc6f5tjncjmx54lmo4jgsagakvsqra)
