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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

 

Clinton grand jury did nothing—why the problem?

I'm trying to understand why the Clinton problem is continuing because the grand jury did nothing. Enclosed is a part of your article which says that grand juries indict or do not, no indictment, no crime, right? If the grand jury didn't do anything, why have it?

Response: They can also issue reports, although I have some doubts about the propriety of this grand jury's issuing a report and of its issuing the report the way it did.

In the federal system, there are certain legal constraints placed on the kinds of reports that can be prepared and issued, and I'm not sure this one qualifies. In the federal system, the court supervising the grand jury is also supposed to review a report prepared by the grand jury and make an independent determination as to whether the report should be released; I'm not sure that was done here.

However, even if these errors existed, no one raised them as an objection. . . and in our adversarial system, if the party victimized by legal error does not raise that error, it goes uncorrected.

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