Federal judge in D.C. issues new grand jury policy after failed indictment of Democrats

Source: NBC News

March 17, 2026, 1:31 PM EDT


The chief federal judge for the District of Columbia has ordered that the judiciary be notified when a grand jury rejects the Trump administration's attempts to indict defendants, following the failed effort to charge six sitting members of Congress over a social media video.

Judge James Boasberg said the rule applies when the effort to indict comes first as a grand jury investigation. He said it would be in place for 120 days, but could become permanent.

Boasberg wrote the decision was "in furtherance of the interests of consistency and transparency." "This court finds that notification should be provided to the duty magistrate judge whenever a grand jury fails to concur in an indictment, regardless of whether the defendant has already been charged,” he said.

The new policy, dated March 4, clarifies that even if a prosecutor decides to drop the case after a failed prosecution, the magistrate judge must be notified of the unsuccessful prosecution attempts. Boasberg’s order requires that the grand jury foreperson “promptly and in writing report the lack of concurrence to the duty magistrate judge under seal,” and that those notifications be maintained in the confidential files of the clerk’s office.

Read more: https://www.nbcnews.com/politics/justice-department/federal-judge-dc-issues-new-grand-jury-policy-failed-indictment-democr-rcna263896