When I served as a federal prosecutor, everyone understood the rules. The grand jurors, like the prosecutor and the court reporter, were sworn to secrecy. Rule 6(e) of the Federal Rules of Criminal Procedure says they “must not disclose a matter occurring before a grand jury.”As an American citizen, I am gratified to hear that a Georgia special grand jury has recommended indictments against more than a dozen people for election fraud. But as a former prosecutor, I am mortified that a grand juror is talking about it publicly.
Even more alarming were some of the things Kohrs said about her own experience.
On Tuesday, Emily Kohrs, the foreperson of the special grand jury in Fulton County, went on a media tour of sorts, giving interviews to NBC News, The New York Times, the Atlanta Journal-Constitution and other news outlets, and she is apparently enjoying her moment in the spotlight.
She revealed the names of witnesses who testified; Rudy Giuliani left her star-struck; Sen. Lindsey Graham, R-S.C., was “personable”; former White House chief of staff Mark Meadows “shared very little.”
She told us that some witnesses were immunized. She confirmed that the jurors had listened to a recording of former President Donald Trump’s phone call with Georgia Secretary of State Brad Raffensperger and had discussed the slate of alternate electors.
Although she did not reveal the names of any of the people the grand jury recommended indictments for, when she was asked whether Trump was one of them, she replied: “You’re not going to be shocked. It’s not rocket science.” Yikes.
Even more alarming were some of the things Kohrs said about her own experience.
She said she swore in one witness while holding a Ninja Turtle ice pop she had received at the district attorney’s office ice cream party. A what?! Why on Earth would grand jurors be socializing with the prosecutors?
A grand jury is an independent body, and prosecutors are trained to maintain a professional distance and avoid engaging in interactions that could be perceived as influencing their decisions.
Opinion | We may rue the day we learned Emily Kohrs' name
Why the blood pressure of Fulton County District Attorney Fani Willis must be spiking.www.msnbc.com
Anyone who thinks this is no big deal is obviously completely clueless about how inappropriate this is.
What does this even mean?Yup, she is just giving people something to focus on when they want to bitch and complain.
Anyone who thinks this is no big deal is obviously completely clueless about how inappropriate this is.
Honestly, I’m not sure what the legal remedy is here. I haven’t ever heard of a grand juror that was so stupid as to do this.Think it will have an affect on any indictments?
The “blabbing” from the foreperson.Which part is more “inappropriate”: the GJ foreperson blabbing or the news media ‘professionals’ asking her questions and presenting the answers to the public?
Anyone who thinks this is no big deal is obviously completely clueless about how inappropriate this is.
Those are federal grand jury rules. In Georgia, the rules are totally different for a special grand jury.When I served as a federal prosecutor, everyone understood the rules. The grand jurors, like the prosecutor and the court reporter, were sworn to secrecy. Rule 6(e) of the Federal Rules of Criminal Procedure says they “must not disclose a matter occurring before a grand jury.”
That language includes not only the decisions of the grand jury but also the identities of the witnesses who appear, the cases under consideration, the documents and other items produced as exhibits, the subjects of subpoenas and anything that occurs in the grand jury room.
All of it is transcribed so a record exists for later scrutiny, without the need for grand jurors to report on what happened. While witnesses are not bound by the grand jury secrecy rules, grand jurors most definitely are.
Opinion | We may rue the day we learned Emily Kohrs' name
Why the blood pressure of Fulton County District Attorney Fani Willis must be spiking.www.msnbc.com
The “blabbing” from the foreperson.
There is no removing at this point. The SGJ has been dissolved. It's finished.I actually agree. I hope she can get removed for this.
This seems out of the pale for a person on a grand jury to do. Why did she do these interviews?
There is no removing at this point. The SGJ has been dissolved. It's finished.
As to why, I wonder that myself. Some of her off the wall comments could be conceived to be pro-Trump. Who knows, she could be a closet MAGAt.
Honestly, I’m not sure what the legal remedy is here. I haven’t ever heard of a grand juror that was so stupid as to do this.
Yeah, you’re gonna have to show me where the judge said she’s allowed to talk about grand jury deliberations.Those are federal grand jury rules. In Georgia, the rules are totally different for a special grand jury.
Understand, I am not condoning what she did. What I am saying is she did not break any laws nor reveal any charges or any names. The witnesses she named were already publicly known to have participated.
And just for the information of those who may not know, the judge finally spoke late yesterday about this. He did not condemn Emily for her actions and reiterated that she is allowed to discuss the GJ deliberations.
I actually agree. I hope she can get removed for this.
This seems out of the pale for a person on a grand jury to do. Why did she do these interviews? This seems unbelievably idiotic of a thing to do.
Yeah, you’re gonna have to show me where the judge said she’s allowed to talk about grand jury deliberations.
She's an idiot and she should shut her mouth. But the Grand Jury was already dissolved so there isn't anything to remove her from. Her job is over.
Yee, I was wrong about that. She needs to just go home, I guess.
Well hopefully so, otherwise Trump Wetters like you will do backflips to defend her actions.There is no removing at this point. The SGJ has been dissolved. It's finished.
As to why, I wonder that myself. Some of her off the wall comments could be conceived to be pro-Trump. Who knows, she could be a closet MAGAt.
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