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Doug Bandow

WALLAY, BURMA—When foreign dignitaries visit Myanmar, still known as Burma in much of the West, they don’t walk the rural hills over which the central government and ethnic groups such as the Karen fought for; for decades. Like isolated Wallay village.

Wallay gets none of the attention of bustling Rangoon or the empty capital of Naypyitaw. Yet the fact that I could visit without risking being shot may be the most important evidence of change in Burma. For three years the Burmese army and Karen National Liberation Army have observed a ceasefire. For the first time in decades Karen children are growing up with the hope of a peaceful future.

The global face of what Burma could become remains Aung Sang Suu Kyi, the heroic Nobel Laureate who won the last truly free election in 1990—which was promptly voided by the military junta. The fact that she is free after years of house arrest demonstrates the country’s progress. The fact that she is barred from running for president next year, a race she almost certainly would win, illustrates the challenges remaining for Burma’s transformation.

The British colony gained its independence after World War II. The country’s short-lived democracy was terminated by General Ne Win in 1962. The paranoid junta relentlessly waged war on the Burmese people.

Then the military made a dramatic U-turn, four years ago publicly stepping back from power. Political prisoners were released, media restrictions were relaxed, and Suu Kyi’s party, the National League for Democracy, was allowed to register.

The U.S. and Europe lifted economic sanctions and exchanged official visits. Unfortunately, however, in recent months the reform process appears to have gone into neutral, if not reverse.

While most of the military battles in the east are over, occasional clashes still occur. None of the 14 ceasefires so far reached has been converted into a permanent peace. While investment is sprouting in some rebel-held areas, most communities, like Wallay, are waiting for certain peace and sustained progress.

Of equal concern, Rakhine State has been torn by sectarian violence, exacerbated by the security forces. At least 200 Muslims Rohingyas have been killed and perhaps 140,000 mostly Rohingyas displaced.

Political reform also remains incomplete. Particularly serious has been the reversal of media freedom and imprisonment of journalists. Khin Ohmar, with Burma Partnership, a civil society network, cited “surveillance, scrutiny, threats and intimidation.”

The 2008 constitution bars Suu Kyi from contesting the presidency. Arbitrarily barring the nation’s most popular political figure from the government’s top position would make any outcome look illegitimate.

Even economic liberalization has stalled. Much of the economy remains in state- or military-controlled hands.

In short, the hopes that recently soared high for Burma have crashed down to reality.

But U.S. influence is limited. Washington could reimpose economic sanctions. However, returning to the policy of the past would be a dead end.

Nor can the U.S. win further reform with more aid. Washington’s lengthy experience attempting to “buy” political change is exceedingly poor. Anyway, participation in the Western economies is worth more than any likely official assistance package.

The administration also hopes to use military engagement as leverage for democracy. Unfortunately, contact with America is not enough to win foreign military men to democracy.

As I wrote in Forbes online:  “The best strategy would be to work with Europe and Japan to develop a list of priority political reforms and tie them to further allied support and cooperation. These powers also should point out that a substantially larger economy would yield plenty of wealth for regime elites and the rest of the population, whose aspirations are rising.”

Finally, friends of liberty worldwide should offer aid and support to Burmese activists.

During his recent visit President Obama said:  “We recognize change is hard and you do not always move in a straight line, but I’m optimistic.” This still impoverished nation has come far yet has equally far to go. America must continue to engage the regime in Naypyitaw with prudence and patience.

Ted Galen Carpenter

As if the United States didn’t already have enough foreign policy worries, a dangerous issue that has been mercifully quiescent over the past five years shows signs of reviving.  Taiwan’s governing Kuomintang Party (KMT) and its conciliatory policy toward Beijing suffered a brutal defeat in elections for local offices on November 29.  Indeed, the extent of the KMT’s rout made the losses the Democratic Party experienced in U.S. midterm congressional elections look like a mild rebuke.  The setback was so severe that President Ma Ying-jeou promptly resigned as party chairman.  Although that decision does not change Ma’s role as head of the government, it does reflect his rapidly declining political influence.

As I discuss in an article over at The National Interest Online, growing domestic political turbulence in Taiwan is not just a matter of academic interest to the United States.  Under the 1979 Taiwan Relations Act, Washington is obligated to assist Taipei’s efforts to maintain an effective defense.  Another provision of the TRA obliges U.S. leaders to regard any coercive moves Beijing might take against the island as a serious threat to the peace of East Asia.  

During the presidencies of Lee Teng-hui and Chen Shui-bian from the mid 1990s to 2008, Beijing reacted badly to efforts by those leaders to convert Taiwan’s low-key, de facto independence into something more formal and far reaching.  As a result, periodic crises erupted between Beijing and Washington.  U.S. officials seemed relieved when voters elected the milder, more conciliatory Ma as Chen’s successor.  That political change also seemed to reflect concern on the part of a majority of Taiwanese that Chen and his explicitly pro-independence Democratic Progressive Party (DPP) had pushed matters to a dangerous level in testing Beijing’s forbearance.

But just as Chen may have overreached and forfeited domestic support by too aggressively promoting a pro-independence agenda, his successor appears to have drifted too far in the other direction.  Domestic sentiment for taking a stronger stance toward the mainland on a range of issues has been building for at least the past two years.  Public discontent exploded in March 2014 in response to a new trade deal between Taipei and Beijing, which opponents argued would give China far too much influence over Taiwan’s economy.  Those disorders culminated with an occupation of Taiwan’s legislature, accompanied by massive street demonstrations that persisted for weeks.  The November election results confirmed the extent of the public’s discontent.

Perhaps reflecting the shift in public sentiment toward Beijing, even Ma’s government began to adopt a more assertive stance on security issues, despite pursuing enhanced economic ties.  Taipei’s decision in the fall of 2014 to spend $2.5 billion on upgraded anti-missile systems reflected a renewed seriousness about protecting Taiwan’s security and deterring Beijing from contemplating aggression.

China’s reaction to the November election results was quick and emphatic.  Chinese media outlets cautioned the victorious DPP against interpreting the election outcome as a mandate for more hard-line positions on cross-strait issues.  Even more ominous, Retired General Liu Jingsong, the former president of the influential Chinese Academy of Military Sciences, warned that the Taiwan issue “will not remain unresolved for a long time.”  Moreover, Chinese officials “will not abandon the possibility of using force” to determine the island’s political status.  Indeed, he emphasized that it remained an option “to resolve the issue by military means, if necessary.” That is a noticeably different tone from Deng Xiaoping’s statement in the late 1970s that there was no urgency to deal with the Taiwan issue—that it could even go on for a century without posing a serious problem.

A key question now is whether Beijing will tolerate even a mildly less cooperative Taiwan.  Chinese leaders have based their hopes on the belief that greater cross-strait economic relations would erode Taiwanese enthusiasm for any form of independence.  That does not appear to have happened.  Opinion polls indicate meager support for reunification with the mainland—even if it included guarantees of a high degree of political autonomy.

But the adoption of a confrontational stance on Beijing’s part regarding Taiwan would quickly reignite that issue as a source of animosity in U.S.-China relations.  The Obama years have already seen a worrisome rise in bilateral tensions.  The announced U.S. “pivot” or “rebalancing” of U.S. forces to East Asia has intensified Beijing’s suspicions about Washington’s motives.  Sharp differences regarding territorial issues in the South China and East China seas have also been a persistent source of friction.  The slumbering Taiwan issue is now poised to join that list of worrisome flashpoints.

Randal O'Toole

Maryland’s Governor-Elect Larry Hogan has promised to cancel the Purple Line, another low-capacity rail boondoggle in suburban Washington DC that would cost taxpayers at least $2.4 billion to build and much more to operate and maintain. The initial projections for the line were that it would carry so few passengers that the Federal Transit Administration wouldn’t even fund it under the rules then in place. Obama has since changed those rules, but not to take any chances, Maryland’s current governor, Martin O’Malley, hired Parsons Brinckerhoff with the explicit goal of boosting ridership estimates to make it a fundable project.

I first looked at the Purple Line in April 2013, when the draft EIS (written by a team led by Parsons Brinckerhoff) was out projecting the line would carry more than 36,000 trips each weekday in 2030. This is far more than the 23,000 trips per weekday carried by the average light-rail line in the country in 2012. Despite this optimistic projection, the DEIS revealed that the rail project would both increase congestion and use more energy than all the cars it took off the road (though to find the congestion result you had to read the accompanying traffic analysis technical report, pp. 4-1 and 4-2).

A few months after I made these points in a blog post and various public presentations, Maryland published Parsons Brinckerhoff’s final EIS, which made an even more optimistic ridership projection: 46,000 riders per day in 2030, 28 percent more than in the draft. If measured by trips per station or mile of rail line, only the light-rail systems in Boston and Los Angeles carry more riders than the FEIS projected for the purple line.

Considering the huge demographic differences between Boston, Los Angeles, and Montgomery County, Maryland, it isn’t credible to think that the Purple Line’s performance will approach Boston and L.A. rail lines. First, urban Suffolk County (Boston) has 12,600 people per square mile and urban Los Angeles County has 6,900 people per square mile, both far more than urban Montgomery County’s 3,500 people per square mile.

However, it is not population densities but job densities that really make transit successful. Boston’s downtown, the destination of most of its light-rail (Green Line) trips, has 243,000 jobs. Los Angeles’s downtown, which is at the end of all but one of its light-rail lines, has 137,000 downtown jobs. LA’s Green Line doesn’t go downtown, but it serves LA Airport, which has and is surrounded by 135,000 jobs.

Montgomery County, where the Purple Line will go, really no major job centers. The closest is the University of Maryland which has about 46,000 jobs and students, a small fraction of the LA and Boston job centers. Though the university is on the proposed Purple Line, the campus covers 1,250 acres, which means many students and employees will not work or have classes within easy walking distance of the rail stations. Thus, the ridership projections for the Purple Line are not credible.

In terms of distribution of jobs and people, Montgomery County is more like San Jose than Boston or Los Angeles. San Jose has three light-rail lines, all of which together carry fewer than 35,000 riders per day, less than was projected by the DEIS for the Purple line.

Given the FEIS’s higher ridership numbers, it’s not surprising that it reported that the line will save energy and reduce congestion, the opposite of the DEIS findings. However, a close look reveals that, even at the higher ridership numbers, these conclusions are suspect.

The traffic analysis for the DEIS estimated the average speeds of auto traffic in 2030 with and without the Purple Line. Without the line, speeds would average 24.5 mph; with they line, they would average 24.4 mph. Multiplied by the large number of travelers in the area and this meant the line would waste 13 million hours of people’s time per year.

The traffic analysis for the FEIS made no attempt to estimate average speeds. Instead, it focused on looking at the level of service (LOS)–a letter grade from A to F–at various intersections affected by the rail line. Without the line, by 2040 15 intersections in the morning and 16 in the afternoon would be degraded to LOS F. With the line, only 8 in the morning and 15 in the afternoon would be LOS F (p. 30). So that makes it appear that the rail line is reducing congestion.

A careful reading reveals this isn’t true. For the no-build alternative, planners assumed that absolutely nothing would be done to relieve congestion. For the rail alternative, planners assumed that various mitigation measures would be applied “to allow the intersections to operate in the most efficient conditions.” It seems likely that these mitigation measures, not the rail line, are the reasons why the preferred alternative has fewer intersections at LOS F.

Meanwhile, the energy analysis contains two serious flaws. First, it assumes that cars in 2040 will use the same energy per mile as cars in 2010. In fact, given the latest fuel-economy standards, the average car on the road in 2040 will use less than half the energy of the average car in 2010.

Even more serious, the final EIS assumed that each kilowatt hour of electricity needed to power the rail line required 3,412 BTUs of energy (calculated by dividing BTUs by KWhs in table 4-41 on page 4-142). While one KWh is equal to 3,412 BTUs, due to energy losses in generation and transmission, it takes 10,339 BTUs of energy to generate and transmit that KWh to the railhead (see page A-18 of the Department of Energy’s Transportation Energy Data Book). This is such a rookie mistake that Parsons Brinckerhoff’s experts would have had to work hard looking the other way for it to slip through. In any case, after correcting both these errors, the rail line ends up using more energy than the cars it take off the road, just as the DEIS found.

In short, Maryland’s ridership projections for the Purple Line are extremely optimistic, but even if they turned out to be correct, the Purple Line would still increase both traffic congestion and energy consumption. There is no valid reason for funding this turkey, and Governor-elect Hogan should chop off its head.

Patrick J. Michaels and Paul C. "Chip" Knappenberger

You Ought to Have a Look is a feature from the Center for the Study of Science posted by Patrick J. Michaels and Paul C. (“Chip”) Knappenberger.  While this section will feature all of the areas of interest that we are emphasizing, the prominence of the climate issue is driving a tremendous amount of web traffic.  Here we post a few of the best in recent days, along with our color commentary.

——–

A favorite global warming chesnut is that human-caused climate change will make the planet uninhabitable for Homo sapiens (that’s us). The latest iteration of this cli-fi classic appears in this week’s New York Times’ coverage of the U.N. climate talks taking place in Lima, Peru (talks that are destined to fail, as we point out here).

Back in September, The World Health Organization (WHO) released a study claiming that global warming as a result of our pernicious economic activity will lead to a quarter million extra deaths each year during 2030 to 2050.  Yup, starting a mere 15 years from today. Holy cats!

That raised the antennae of Indur M. Goklany, a science and technical policy analyst who studies humanity’s well-being and the impact of environmental change upon it. Goklany detailed many of his findings in a 2007 book he wrote for Cato, The Improving State of the World: Why We’re Living Longer, Healthier, More Comfortable Lives on a Cleaner Planet.

As you may imagine, Goklany, found much at fault with the WHO study and wrote his findings up for the Global Warming Policy Foundation (GWPF)—a U.K. think tank which produces a lot of good material on global warming.

In “Unhealthy Exaggeration: The WHO report on climate change” Goklany doesn’t pull any punches. You ought to have a look at the full report, but in the meantime, here is the Summary:

In the run-up to the UN climate summit in September 2014, the World Health Organization (WHO) released, with much fanfare, a study that purported to show that global warming will exacerbate under nutrition (hunger), malaria, dengue, excessive heat and coastal flooding and thereby cause 250,000 additional deaths annually between 2030 and 2050. This study, however, is fundamentally flawed.

Firstly, it uses climate model results that have been shown to run at least three times hotter than empirical reality (0.15◦C vs 0.04◦C per decade, respectively), despite using 27% lower greenhouse gas forcing.

Secondly, it ignores the fact that people and societies are not potted plants; that they will actually take steps to reduce, if not nullify, real or perceived threats to their life, limb and well-being. Thus, if the seas rise around them, heatwaves become more prevalent, or malaria, diarrhoeal disease and hunger spread, they will undertake adaptation measures to protect themselves and reduce, if not eliminate, the adverse consequences. This is not a novel concept. Societies have been doing just this for as long as such threats have been around, and over time and as technology has advanced they have gotten better at it. Moreover, as people have become wealthier, these technologies have become more affordable. Consequently, global mortality rates from malaria and extreme weather events, for instance, have been reduced at least five-fold in the past 60 years.

Yet, the WHO study assumes, explicitly or implicitly, that in the future the most vulnerable populations – low income countries in Africa, Europe, southeast Asia and the western Pacific – will not similarly avail themselves of technology or take any commonsense steps to protect themselves. This is despite many suitable measures already existing – adapting to sea level rise for example – while others are already at the prototype stage and are being further researched and developed: early-warning systems for heatwaves or the spread of malaria or steps to improve sanitation, hygiene or the safety of drinking water.

Finally, the WHO report assumes, erroneously, if the IPCC’s Fifth Assessment Report is to be believed, that carbon dioxide levels above 369 ppm – today we are at 400ppm and may hit 650ppm if the scenario used by the WHO is valid – will have no effect on crop yields. Therefore, even if one assumes that the relationships between climatic variables and mortality used by the WHO study are valid, the methodologies and assumptions used by WHO inevitably exaggerate future mortality increases attributable to global warming, perhaps several-fold.

In keeping with the topic of bad predictions, check out the “Friday Funny” at the Watts Up With That blog where guest blogger Tom Scott has compiled a list of failed eco-climate claims dating back nearly a century. He’s collected some real doozies. Here are a few of the best:

“By the year 2000 the United Kingdom will be simply a small group of impoverished islands, inhabited by some 70 million hungry people … If I were a gambler, I would take even money that England will not exist in the year 2000.” -Paul Ehrlich, Speech at British Institute For Biology, September 1971

Some predictions for the next decade (1990’s) are not difficult to make… Americans may see the ’80s migration to the Sun Belt reverse as a global warming trend rekindles interest in cooler climates. -Dallas Morning News December 5th 1989

Giant sand dunes may turn Plains to desert – Huge sand dunes extending east from Colorado’s Front Range may be on the verge of breaking through the thin topsoil, transforming America’s rolling High Plains into a desert, new research suggests. The giant sand dunes discovered in NASA satellite photos are expected to re- emerge over the next 20 to 50 years, depending on how fast average temperatures rise from the suspected “greenhouse effect,” scientists believe. -Denver Post April 18, 1990

There are many more where these came from. To lighten your day, you ought to have a look!

David Boaz

The royals are coming, the royals are coming! In this case, the grandson of the Queen of England, along with his wife, who took a fairytale leap from commoner to duchess by marrying him. (Just imagine, Kate Middleton a duchess while Margaret Thatcher was only made a countess.) And once again Americans who have forgotten the American Revolution are telling us to bow and curtsy before them, and address them as “Your Royal Highness,” and stand when William enters the room.

So one more time: Americans don’t bow or curtsy to foreign monarchs. (If you don’t believe me, ask Miss Manners, repeatedly.)

This is a republic. We do not recognize distinctions among individuals based on class or birth. We are not subjects of the queen of the England, the emperor of Japan, the king of Swaziland, or the king of Saudi Arabia. Therefore we don’t bow or curtsy to foreign heads of state.

Prince William’s claim to such deference is that he is a 24th-generation descendant of William the Conqueror, who invaded England and subjugated its inhabitants. In Common Sense, one of the founding documents of the American Revolution, Thomas Paine commented on that claim:

Could we take off the dark covering of antiquity, and trace them to their first rise, that we should find the first [king] nothing better than the principal ruffian of some restless gang, whose savage manners or pre-eminence in subtility obtained him the title of chief among plunderers; and who by increasing in power, and extending his depredations, over-awed the quiet and defenceless to purchase their safety by frequent contributions….

England, since the conquest, hath known some few good monarchs, but groaned beneath a much larger number of bad ones; yet no man in his senses can say that their claim under William the Conqueror is a very honorable one. A French bastard landing with an armed banditti, and establishing himself king of England against the consent of the natives, is in plain terms a very paltry rascally original.—It certainly hath no divinity in it.

Citizens of the American republic don’t bow to monarchs, or their grandsons.

 

Paul C. "Chip" Knappenberger

The mainstream media has lit up the past few days with headlines of “alarming” news coming out of Antarctica highlighting new research on a more rapid than expected loss of ice from glaciers there.

But, as typical with blame-it-on-humans climate change stories, the coverage lacks detail, depth, and implication as well as being curiously timed.

We explain.

The research, by a team led by University of Cal-Irvine doctoral candidate Tyler Sutterley, first appeared online at the journal Geophysical Research Letters on November 15th, about two weeks before Thanksgiving. So why is it making headlines now? Probably because the National Aeronautics and Space Administration issued a press release on the new paper on December 2nd. Why wait so long? Because on December 1st, the United Nations kicked off its annual climate confab and the Obama administration is keen on orchestrating its release of scary-sounding climate stories so as to attempt to generate support for its executively commanded (i.e., avoiding Congress) carbon dioxide reduction initiatives that will be on display there. This also explains the recent National Oceanic and Atmospheric Administration speculation that 2014 is going to be the “warmest year on record”—another headline grabber—two months before all the data will be collected and analyzed.

This is all predictable—and will essentially be unsuccessful.

Missing from the hype are the broader facts.

The new Sutterley research finds that glaciers in the Amundsen Sea Embayment region along the coast of West Antarctica are speeding up and losing ice. This is potentially important because the ice loss contributes to global sea level rise. The press coverage is aimed to make this sound alarming—“This West Antarctic region sheds a Mount Everest-sized amount of ice every two years, study says” screamed the Washington Post.

Wow! That sounds like a lot. Turns out, it isn’t.

The global oceans are vast. Adding a “Mount Everest-sized amount of ice every two years” to them results in a sea level rise of 0.02 inches per year. But “New Study Finds Antarctic Glaciers Currently Raise Sea Level by Two-Hundredths of an Inch Annually” doesn’t have the same ring to it.

Nor does the coverage draw much attention to the fact that the Amundsen Sea Embayment is but one of a great many watersheds across Antarctica that empty into the sea. A study published in Nature magazine back in 2012 by Matt King and colleagues provided a more comprehensive look at glacier behavior across Antarctica. They did report, in agreement with the Sutterley findings, that glacial loss in the Amundsen Sea Embayment was rapid, but they also reported that for other large areas of Antarctica, ice loss was minimal or even negative (i.e., ice was accumulating). Figure 1, taken from the King paper, presents the broader and more relevant perspective (note that the Amundsen Sea Embayment is made up by the areas labelled 21 and 22 in Figure 1).

 

Figure 1. Best estimate of rate of ice loss from watershed across Antarctica. The Amundsen Sea Embayment, the focus of the Sutterley study, is encompassed by areas labeled 21 and 22 (taken from King et al., 2012).

We discussed the King and colleagues study in more detail when it first came out. We concluded:

So King and colleagues’ latest refinement puts the Antarctic contribution to global sea level rise at a rate of about one-fifth of a millimeter per year (or in English units, 0.71 inches per century).

Without a significantly large acceleration—and recall the King et al. found none—this is something that we can all live with for a long time to come.

The strategically timed new findings being hyped this week do not change this conclusion.

References:

King, M., et al., 2012. Lower satellite-gravimetry estimates of Antarctic sea-level contribution. Nature, doi:10.1038/nature.

Sutterley, T.C., et al., 2014. Mass loss of the Amundsen Sea Embayment of West Antarctica from four independent techniques. Geophysical Research Letters, doi: 10.1002/2014GL061940

Nicole Kaeding

Earlier this week, I noted that some Inspectors General provide insufficient oversight of federal government activities. They should be more aggressive in uncovering waste and abuse in federal agencies.  

Nonetheless, many Inspectors General issue helpful reports that alert Congress and the public to wrongdoing. Here is a sampling of recent reports showing the widespread mishandling of federal tax dollars:

  • Internal Revenue Service (IRS): Tax fraud by incarcerated individuals amounted to $1 billion in 2012, growing from $166 million in 2007. One inmate defrauded the government of $4 million over a 10-year period.
  • Department of Homeland Security (DHS): The Inspector General for DHS issued a new report highlighting 68 ways that the agency has wasted tax dollars. The list includes a $1.5 billion cost overrun for construction of the agency’s new headquarters, FEMA’s botched handling of relief for Hurricanes Katrina and Isaac, DHS employees claiming unearned overtime, and insufficient oversight of DHS’s procurement processes.
  • Housing and Urban Development (HUD): According to HUD’s Inspector General, New York City misspent $183 million it received from the federal government to rebuild hospitals following Hurricane Sandy. The city used the funds for employee pay and benefits, which were not allowable grant expenses.
  • Drug Enforcement Agency (DEA): Over the course of 20 years, the DEA allowed an individual running a Ponzi scheme to conduct onsite investment training for employees. The trainer, Kenneth McLeod, used the seminars to solicit clients for his bond investment fund, which promised risk-free returns of 8 to 10 percent. More than half of McLeod’s 130 investors came from the DEA. The Inspector General cites DEA for numerous oversight lapses including failing to verify McLeod’s credentials.

Even with the recent politicization of some Inspector General reports, the reports can be useful to illuminate waste, mismanagement, and fraud within the federal government.

Juan Carlos Hidalgo

This week a Venezuelan judge indicted opposition leader María Corina Machado on flimsy charges of conspiracy to kill President Nicolás Maduro. If found guilty, she could spend up to 16 years in prison. Can she expect a fair trial from the Venezuelan judiciary?

Not at all, according to the findings of an investigation led by three Venezuelan lawyers and published in a new book, El TSJ al Servicio de la Revolución (“The Supreme Court at the Service of the Revolution”). According to their research, since 2005 Venezuela’s justice system has issued 45,474 sentences, but not once has it ruled against the government.

Machado’s fate thus depends entirely on the whims of Maduro and his entourage. The precedent of Leopoldo López, another opposition leader who has been jailed since February on charges of arson and conspiracy, does not bode well for Machado. 

Tim Lynch

Inside grand juries: Growing criticism over who controls the evidence

Here is a link to, “A Grand Facade: How the Grand Jury Was Captured by Government.”

Excerpt:

The prosecutor calls the shots and dominates the entire grand jury process. The prosecutor decides what matters will be investigated, what subpoenas will issue, which witnesses will testify, which witnesses will receive “immunity,” and what charges will be included in each indictment.

Because defense counsel are barred from the grand jury room and because there is no judge overseeing the process, the grand jurors naturally defer to the prosecutor since he is the most knowledgeable official on the scene. That overbearing presence explains the old saw that a competent prosecutor can “get a grand jury to indict a ham sandwich” if he is really determined to do so.

And the reverse also holds true: If a prosecutor does not want an indictment, he can secure that outcome if he is really determined to do so.

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