Question To legal experts?????

[lazer47]

Can the SCOTUS legally overturn a Grand jury Indictment?, and if they can how could a Grand Jury indict one of the Chief Justices?

[northzax]

1. yes, of course they can

if it is a Federal grand jury and appealed all the way to the Court. Why would a grand jury be indicting John Roberts, anyway?

[lazer47]

5. Who said anything about Roberts??/

[northzax]

8. he would be the Chief Justice

you mentioned.

[SteppingRazor]

2. well, I'm not an expert, but...

I think the SCOTUS wouldn't overturn an indictment. They would overturn a conviction if they deemed it to be unlawful or unconstitutional, but courts don't overturn indictments.

[Norquist Nemesis]

3. ummm, not a lawyer but a GJ indictment is not a court decision

It only allows the prosecutor to bring a case forward. :shrug:

[SteppingRazor]

4. My point exactly.

But as I said, I'm not an expert either :shrug:

[lazer47]

6. That is my point

Historically a GJ is exempt from from review,,as I understand it

[Bake]

7. An indictment can be quashed, just like a subpoena.

Hard to see something like that going to the Supremes, though.

Bake

[lazer47]

9. So if Rove refused to testifiy

and they took it to a GJ for obstruction, then they could appeal the indictment???? Remember I am no legal eagle just asking

[northzax]

10. not in that case, really

I mean you can ask a judge to quash an indictment, but you had better have a really good reason (and not responding to a subpoena that was announced on the front page of the New York Times is not a good one)

[Bake]

11. My guess is that Congress would bring suit

since BushCo will assert exec privilege. The district court will rule one way or the other (either enforcing or quashing the subpoena) and the losing side will then appeal to the Court of Appeals, DC Circuit. From there it goes to SCOTUS.

On edit: BushCo could take the issue to the district court, asking it to quash the subpoena. Doesn't really matter who starts it, once it get to the district court, the procedure is just about the same.

Bake

[onenote]

12. it won't be obstruction. It would be contempt of congress

If Rove is subpoenaed and refuses to testify, the next step would be for the Judiciary Committee to vote to cite him for contempt of COngress. Then the whole House would have to vote (simple majority) to hold him in contempt. At that point, the matter is referred to the US Attorneys office in DC to bring the matter before a grand jury to obtain an indictment. At that point, Rove's attorneys would probably seek to dismiss or quash the indictment raising executive privilege as an affirmative defense to the charge of contempt. The case would start in District Court, proceed to the CT of Appeals, and then finally, if it goes that far, to the SCOTUS. The ruling of the SCOTUS would be the final word.