Neither the President of the United States nor the Department of Justice alone can initiate a prosecution, counsel for former U.S. Attorneys reminded the judge overseeing the Eric Adams criminal case—only a grand jury can do that.
“Under the Constitution neither the President nor the Department of Justice can institute a criminal prosecution,” the letter to U.S. District Court Judge Dale Ho of the Southern District of New York states. “Only a grand jury impaneled by a federal judge can commence a criminal case by filing an indictment. By returning an indictment, the grand jury announces its finding that probable cause exists to believe that the defendant committed a federal offense.”
