Justice Samuel Alito Cites ‘Old Saw About Indicting a Ham Sandwich’ in Trump Immunity Case

The Supreme Court heard oral arguments on Thursday about whether former President Donald Trump is immune from prosecution on charges of attempting to overturn the results of the 2020 election, as Special Counsel Jack Smith has accused him of doing.to agree with Trump’s attorneys’ arguments that a president does enjoy some level of immunity that continues past the term of office.

“his case will have effects that go far beyond this particular prosecution. So moving on to the second level of protection that the D.C. Circuit cited, federal grand injuries will shield former presidents from unwarranted indictments. How much protection is that?” Alito asked. Dreeben replied by arguing that “some fears about groundless prosecutions aren’t supported by evidence” and that “they’re not going to get out of the starting gate.’I mean, you had a lot of experience in the Justice Department. You come across a lot of cases where the U.S. attorney or another federal prosecutor really wanted to indict a case and the grand jury refused to do so?”“Are there?” Alito pressed, before adding, “Every once in a while there’s an eclipse, too.

The “indict a ham sandwich” phrase reportedly originated in January of 1985 with former Chief Judge of New York State Sol Wachtler in an interview with the. Wachtler told the publication that district attorneys have so much influence on grand juries that “by and large” they could get them to “indict a ham sandwich.”noted that Wachtler believed grand juries ‘operate more often as the prosecutor’s pawn than the citizen’s shield.

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