There aren’t really prosecutorial appeals for grand jury “no true bill” decisions, so this won’t be going to the supremes at this stage. However, there’s also nothing to prevent the prosecutors from trying again in front of a new grand jury. In practice this is pretty uncommon, likely because the judges presiding over grand juries take a dim view of lawyers who waste the court’s time (much like any other judge).
A common reason to seek a new indictment would be if new evidence has come to light, and thus there are new facts for a new grand jury to weigh. I wouldn’t be surprised if these prosecutors try again, even though it’s a stupid move. Motiviations like “maintain credibility with my peers” and “don’t be an incompetent nincompoop” are clearly foreign to Trump’s DoJ.
On a related note, double jeopard prevents someone from being tried twice for the same crime, but an indictment isn’t a trial. A trial does not start until after a grand jury returns an indictment, so double jeopardy doesn’t apply here.
There aren’t really prosecutorial appeals for grand jury “no true bill” decisions, so this won’t be going to the supremes at this stage. However, there’s also nothing to prevent the prosecutors from trying again in front of a new grand jury. In practice this is pretty uncommon, likely because the judges presiding over grand juries take a dim view of lawyers who waste the court’s time (much like any other judge).
A common reason to seek a new indictment would be if new evidence has come to light, and thus there are new facts for a new grand jury to weigh. I wouldn’t be surprised if these prosecutors try again, even though it’s a stupid move. Motiviations like “maintain credibility with my peers” and “don’t be an incompetent nincompoop” are clearly foreign to Trump’s DoJ.
On a related note, double jeopard prevents someone from being tried twice for the same crime, but an indictment isn’t a trial. A trial does not start until after a grand jury returns an indictment, so double jeopardy doesn’t apply here.