Convicts win early freedom. The accused loses. Federal agents have been accused of helping move the schemes along by providing convicts some of the information. For years, inmates have warned federal authorities about the practice. But it has made it nearly impossible to punish them when they abuse that right.
Federal prosecutors have enormous power when they convene a grand jury.
They determine who to indict, what the charges will be, what witnesses will be called or recalled, and whether to grant leniency to witnesses who might testify against the defendant. A defendant has no right to be present or to have their attorney present at grand jury proceedings. Grand jury secrecy supposedly exists to protect the reputation of the accused, who is not represented there. After the unpunished leaking by the Starr grand juries, this is an attenuated protection. Instead, secrecy works as an effective device to conceal the machinations of the prosecutor.