Introduction
The investigatory, or reporting, power of grand juries refers to the body’s ability to issue statements on wide-ranging matters of public policy, generally aimed at exposing “inefficiency, neglect, or criminal or quasi-criminal conduct” by government officials. Grand jurors may propose an investigation themselves or respond to a request from a citizen. The reports produced by these investigations need not be tied to a specific indictment to be released.
Text, history, and tradition reveal that the grand jury has been understood as an intermediary between the government and the people, empowered to make public statements on the people’s behalf and entrusted with assisting the government in doing justice. Since the early days of the Common Law, grand juries had the power to make reports on all matters of public policy, even when it reflected poorly on a specific government official. The grand jury provided an organized, official channel for the people to make their voice heard, which also helped their leaders know how to respond. Today, whenever the government breaks the direct connection between the grand jury and the people, it violates the historical understanding of what a grand jury is and how it exercises its reporting power.
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