General Discussion
In reply to the discussion: And Then There Were Three: Third Grand Jury Refuser Goes to Prison [View all]HiPointDem
(20,729 posts)because she calls herself an anarchist and hangs out with similar types.
This will be the second time I have appeared before the grand jury, and the second time I have refused to testify.
http://nopoliticalrepression.wordpress.com/2012/09/13/leah-lynn-plantes-statement-and-demonstrations-in-support-of-grand-jury-resisters/
thus, she's in jail because she calls herself an anarchist.
In the federal system, the courts have ruled that the grand jury has extraordinary investigative powers that have been developed over the years since the 1950s. This wide, sweeping, almost unrestricted power is the cause of much of the criticism. The power is virtually in complete control of the prosecutor, and is pretty much left to his or her good faith.
A prosecutor can obtain a subpoena to compel anyone to testify before a grand jury, without showing probable cause and, in most jurisdictions, without even showing that the person subpoenaed is likely to have relevant information. In the federal system the prosecutor is not required to demonstrate any relevance. The person subpoenaed to testify then is compelled to answer questions unless he or she can claim a specific privilege, such as the marital privilege, lawyer/client privilege, or the privilege against self-incrimination.
A grant of immunity to a grand jury witness overcomes the witnesss privilege against self-incrimination, and the witness is then required to testify...
A witness who refuses to testify without legal justification will be held in contempt of court, and is subject to incarceration for the remaining term of the grand jury.
http://www.abanow.org/2010/03/faqs-about-the-grand-jury-system/
IOW, the state, just as in soviet russia or nazi germany, can *compel* you to appear before a grand jury for any damn reason it chooses and *compel* you to give testimony incriminating friends, family, coworkers -- for any damn reason it chooses, and imprison you for an indeterminate term should you refuse.
you defend this, and call choosing jail over show trial 'willfully breaking a law'.
it's kind of sickening.