On Thursday, Robert Mueller, the special counsel investigating Russia’s election meddling and its potential ties to the Trump campaign, impaneled a grand jury. Twitter exploded. The casual observer quickly became a legal expert; it’s only a matter of time before President Donald Trump is indicted and impeached, many concluded. Not necessarily. So what exactly is a grand jury? And what does Mueller’s move portend for Trump’s fortunes?

Grand Jury v. Trial Jury

A grand jury is distinct from a trial jury in a number of ways. For one, a grand jury consists of more jurors than a trial jury, comprised of anywhere between 16 to 23 jurors. The primary function of a grand jury is to issue a preliminary decision on whether or not a prosecutor should indict a defendant. The road to making that decision is a long one: grand jury investigations can last months or even years.

In conducting an investigation, a grand jury has the power to subpoena documents and witnesses. According to Solomon Wisenberg, a white collar criminal defense attorney, grand juries have a broad mandate when subpoenaing witnesses. He said: “Federal grand jury subpoenas are almost never quashed on grounds that they call for irrelevant information or go beyond the grand jury’s authority.”

Grand jury investigations are private affairs. The defense is not present, nor are there any cross examinations. In fact, lawyers are not even allowed to be present during a grand jury’s deliberations.

What Does This Mean for Trump?

It is too early to tell if Mueller’s decision to form a grand jury will lead to an indictment of Trump or any of his campaign associates. In order for the grand jury to determine Trump’s actions warrant criminal charges, they will have to determine probable cause exists. Mueller’s decision to impanel a grand jury essentially means that the investigation is entering a new, potentially lengthy stage that may or may not lead to an indictment.

Mueller took charge of the probe after Attorney General Jeff Sessions recused himself. The investigation then fell to Rod Rosenstein, the deputy attorney general, who appointed Mueller as the special counsel. Trump’s campaign and its potential ties to the Kremlin are also under investigation by the Senate and House.

According to people familiar with Mueller’s inquiry, he is moving beyond Trump’s involvement with Russia’s election meddling, and into Trump’s finances and real estate dealings. Because of their wide scope, grand jury investigations can take prosecutors down roads previously unseen–roads that can sometimes lead to an indictment.

Bill Clinton’s Impeachment

In 1998, Bill Clinton became the first president to testify as the subject of a grand jury investigation. His testimony, which lasted for four hours, was the coda to independent counselor Kenneth Starr’s investigation into the Whitewater scandal. But while Starr’s four-year investigation began with examining real estate deals in Arkansas, it ended with him examining Clinton’s affair with White House intern Monica Lewinsky.

Clinton lied under oath, and continued to lie in his grand jury testimony, according to Starr. Clinton has denied that he ever misstated facts–he has said his answers were all “legally accurate.” Starr disagreed, and eventually indicted Clinton on charges of perjury and obstruction of justice. The House voted to impeach Clinton in December 1998, but the Senate acquitted him after a five-week trial.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Senator Lindsey Graham (R-SC) made it clear on Thursday what would happen if President Donald Trump fires his attorney general, Jeff Sessions. “If Jeff Sessions is fired, there will be holy hell to pay,” he told CNN. Graham also said he is looking to introduce legislation next week that would block the firing of special counsels without a judicial review.

Rumors have been swirling around Capitol Hill this week that Trump is looking to dispose of Sessions and Robert Mueller, the special counsel appointed to investigate Russia’s election interference, and any potential links between the Kremlin and the Trump campaign.

“This effort to basically marginalize and humiliate the attorney general is not going over well in the Senate,” Graham told CNN. “If you believe Jeff Sessions should be fired, use the power you have and accept the consequences.”

On Monday, Trump fired off a tweet calling Sessions “beleaguered,” asking why he has not looked into “Crooked Hillarys [sic] crimes & Russia relations.” Trump is reportedly upset that Sessions recused himself from the Russia investigation, which left an opening filled by Mueller, a widely respected prosecutor who Trump is also unhappy with.

Attorney General Jeff Sessions has taken a VERY weak position on Hillary Clinton crimes (where are E-mails & DNC server) & Intel leakers!

— Donald J. Trump (@realDonaldTrump) July 25, 2017

Sessions was one of Trump’s earliest advocates, and the first senator to embrace his candidacy. The attorney general has also faithfully pursued Trump’s campaign vision–perhaps more than any other cabinet appointee–adopting a hard-line immigration stance and a law and order philosophy on crime.

Republican senators rushed to Sessions’ defense following Trump’s Twitter barrage. They were joined by some Democrats, like Senate Minority Leader Chuck Schumer, who warned that firing Sessions could provoke a “constitutional crisis.” Others said it would further prove that Trump is guilty of obstruction of justice in the investigations involving Russia and his campaign.

Sessions had been largely mum on the topic of his potential firing until Thursday afternoon. In an interview with Fox, he called Trump’s attacks “hurtful,” but said that Trump “is determined to move this country in the direction he believes it needs to go to make us great again.” He added that Trump “wants all of us to do our jobs and that’s what I intend to do.”

Graham’s legislation would essentially make it more difficult for Trump, and future presidents, to fire a special counsel, which includes Mueller. Dismissing a special counsel would require a judicial review to determine if reasons behind the firing “meet the statutory definitions,” Graham said.

The effort is likely to be a bi-partisan endeavor. Graham’s Democratic colleagues on the Senate Judiciary Committee, Senator Sheldon Whitehouse (D-RI) and Senator Richard Blumenthal (D-CT) have said they are working on the bill. Blumenthal said it “might be a committee effort,” adding that firing Mueller “would precipitate a firestorm that would be unprecedented in proportions.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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President Trump Under Investigation for Obstruction of Justice

Special counsel Robert Mueller is now reportedly investigating President Trump for obstruction of justice regarding former FBI Director James Comey’s investigation into Russia. Comey said in his Senate testimony last week that he told Trump three times earlier this year that he was not personally under investigation for the alleged Russia collusion. But Trump still fired Comey, and later said that he had “that Russia thing” on his mind when doing so.

Mueller will reportedly also look at other issues in the investigation, such as possible financial crimes. Some officials from the NSA will be interviewed as early as this week.

Reposting: Don’t rule out the possibility of Trump trying to remove Mueller. This is now more relevant: https://t.co/dBEXKZWDV4 https://t.co/tIim9xqQys

— Greg Sargent (@ThePlumLineGS) June 14, 2017

Spokespeople for Mueller declined to comment after the news broke, but Trump’s team was quick to denounce it, calling the FBI’s “leaking” of information about the president “outrageous, inexcusable and illegal.” However, it’s not clear why they thought the information came from the FBI, given that no source has been released. This morning at 4 a.m., Trump commented on Twitter and called it a “phony story.”

They made up a phony collusion with the Russians story, found zero proof, so now they go for obstruction of justice on the phony story. Nice

— Donald J. Trump (@realDonaldTrump) June 15, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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