I have a lot of respect for Jeff Gamso and Scott Greenfield. I also have two questions for them. Others with like experience should chime in as well. But before I ask those questions, I urge you to read Close Your Eyes and Pretend Really Hard from Jeff and The Ferguson Lie from Scott.
I have absolutely no experience with grand juries except to the extent that I have picked several of them as the Chief Judge, I have compelled testimony before grand juries and extended immunity in doing so, and I regularly took grand jury returns when I was a magistrate judge. But, I have never represented a client before a grand jury, and I have never been a prosecutor who has presented evidence before a grand jury. I know next to nothing about the standards prosecutors typically employ at the federal level when deciding to seek an indictment before a grand jury.
With the foregoing by way of introduction, I ask Jeff and Scott and others with similar experiences the following two questions:
1. Is the failure of the Missouri grand jury to indict Mr. Wilson (a) a godsend for Attorney General Holder or (b) a curse for Attorney General Holder?
2. If you were a “straight up” federal prosecutor, would you seek a federal indictment of Mr. Wilson?
Jeff and Scott and others experienced in this area have absolutely no obligation to answer my questions. But inquiring minds want to know.