1 00:00:00,080 --> 00:00:02,880 Speaker 1: Now is time for our daily Bloomberg Law Brief, exploring 2 00:00:02,960 --> 00:00:05,600 Speaker 1: legal issues in the news and Today, Bloomberg Law host 3 00:00:05,640 --> 00:00:09,800 Speaker 1: During Grosso discusses Special Counsel Robert Mueller's recent move to 4 00:00:09,880 --> 00:00:12,920 Speaker 1: use a grand jury in Washington, d C. As part 5 00:00:12,920 --> 00:00:16,639 Speaker 1: of the probe into Russian interference in the election. She 6 00:00:16,640 --> 00:00:20,120 Speaker 1: speaks with Jed Sugarman, a professor at Fordham University Law School, 7 00:00:20,360 --> 00:00:24,319 Speaker 1: and Jeane Healy, vice president at the Cato Institute. Does 8 00:00:24,400 --> 00:00:28,400 Speaker 1: the existence of the grand jury indicate that Muller will 9 00:00:28,440 --> 00:00:32,159 Speaker 1: be pursuing criminal charges of some kind? Well, it certainly 10 00:00:32,159 --> 00:00:34,839 Speaker 1: makes it far more likely. A grand jury is a 11 00:00:34,920 --> 00:00:39,040 Speaker 1: necessary step in a federal criminal investigation to get from 12 00:00:39,080 --> 00:00:44,240 Speaker 1: an investigation to an indictment. So it's a necessary step, uh, 13 00:00:44,280 --> 00:00:48,599 Speaker 1: And it doesn't mean that it's automatic. I don't think 14 00:00:48,640 --> 00:00:51,080 Speaker 1: people should jump to the conclusion that the existence of 15 00:00:51,080 --> 00:00:54,200 Speaker 1: a grand jury means that indictments are coming or coming 16 00:00:54,200 --> 00:00:56,520 Speaker 1: anytime soon. But you have to keep in mind that 17 00:00:56,560 --> 00:00:59,440 Speaker 1: what the grand jury allows, it's very broad powers by 18 00:00:59,440 --> 00:01:03,080 Speaker 1: a prosecuta There is no judge that supervises the grand jury. 19 00:01:03,120 --> 00:01:07,560 Speaker 1: It's the prosecutor, the grand jury and witnesses or even 20 00:01:07,560 --> 00:01:11,240 Speaker 1: defendants in the room and that's all under oath. So 21 00:01:11,400 --> 00:01:16,200 Speaker 1: not only does this sweep into the investigation past events, 22 00:01:16,560 --> 00:01:19,720 Speaker 1: now anyone who appears before the grand jury is under oath, 23 00:01:20,040 --> 00:01:23,119 Speaker 1: and if they say things that are inconsistent, they're under 24 00:01:23,200 --> 00:01:27,040 Speaker 1: new legal jeopardy. So this really is a very powerful 25 00:01:27,080 --> 00:01:31,520 Speaker 1: tool by a prosecutor who is moving towards UH an investment, 26 00:01:31,600 --> 00:01:35,000 Speaker 1: moving along an investigation to move along much faster, and 27 00:01:35,040 --> 00:01:39,520 Speaker 1: having a dedicated grand jury to this particular investigation means 28 00:01:39,600 --> 00:01:42,040 Speaker 1: that he has this as a tool at his disposal 29 00:01:42,080 --> 00:01:44,959 Speaker 1: at any time that will have background. He doesn't have 30 00:01:45,000 --> 00:01:48,320 Speaker 1: to start over with every new grand jury with appearing 31 00:01:48,400 --> 00:01:52,600 Speaker 1: murder cases or theft cases. He has a grand jury 32 00:01:52,600 --> 00:01:55,960 Speaker 1: that is devoted and will be up to date with 33 00:01:56,040 --> 00:01:59,080 Speaker 1: each step of the investigation. That's why this is so significant. 34 00:02:00,360 --> 00:02:04,560 Speaker 1: Has also been really expanding his team rather rapidly, about 35 00:02:04,600 --> 00:02:09,880 Speaker 1: sixteen prosecutors and high profile and they have experience in 36 00:02:09,880 --> 00:02:14,960 Speaker 1: international bribery, organized crime, and financial fraud. What does that 37 00:02:15,080 --> 00:02:18,000 Speaker 1: tell you, Oh, it tells me. It's a serious effort. 38 00:02:18,240 --> 00:02:20,920 Speaker 1: And UH. One of the things that I think is 39 00:02:21,280 --> 00:02:25,679 Speaker 1: ironic in this whole UH episode is the is how 40 00:02:25,760 --> 00:02:28,800 Speaker 1: self inflicted all of this is it seems to me 41 00:02:28,960 --> 00:02:31,680 Speaker 1: highly unlikely that we would have had a special council 42 00:02:31,720 --> 00:02:37,200 Speaker 1: if it weren't for the fact that President Trump fired 43 00:02:37,800 --> 00:02:43,000 Speaker 1: the FBI director, uh, you know, pushed a story, uh 44 00:02:43,160 --> 00:02:48,480 Speaker 1: that it was about the cliname email investigation, abandoned that 45 00:02:48,560 --> 00:02:50,720 Speaker 1: story three days later in staid it was about the 46 00:02:50,800 --> 00:02:55,080 Speaker 1: Russia thing, and basically put uh Deputy A. G. Rod 47 00:02:55,160 --> 00:02:58,519 Speaker 1: Rosenstein in a in a position where it was almost 48 00:02:58,600 --> 00:03:02,600 Speaker 1: inevitable that he would have to appoint a special council. Um. 49 00:03:02,760 --> 00:03:05,040 Speaker 1: And I guess it just remains to be seen whether 50 00:03:05,080 --> 00:03:08,080 Speaker 1: they're going to be further self inflicted wounds as this 51 00:03:08,200 --> 00:03:12,680 Speaker 1: goes on. As Gene Heally, vice president of the Cato Institute, 52 00:03:12,680 --> 00:03:15,960 Speaker 1: and Jed Sugarman, a professor at Fordham University Law School, 53 00:03:16,000 --> 00:03:18,720 Speaker 1: speaking of the Bloomberg LA host joom Grosso, you can 54 00:03:18,760 --> 00:03:20,959 Speaker 1: listen to Bloomberg Law week days at one pm Wall 55 00:03:20,960 --> 00:03:24,320 Speaker 1: Street Time here on Bloomberg Radio, and that is this 56 00:03:24,360 --> 00:03:26,880 Speaker 1: morning's Bloomberg Labrate. 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