The Rocky Flats case may ultimately answer the question of where the line is drawn between prosecutors and grand jurors. Turley, who is not involved in the Brianna case, said the nation's founders designed grand juries to be a check on possible abuses by the government. But over time, they have become a tool for prosecutors to conduct investigations. Most have a completely incorrect view that prosecutors run the grand jury. They are merely there to assist the grand jury and to request indictments.
Prosecutors have a different opinion.
Joseph E. diGenova, a former U.S. attorney in Washington, who has no knowledge of the Brianna grand jury, said grand juries cannot hand up indictments without the approval of the U.S. attorney. No matter what they do, it's going to be reviewed by the U.S. attorney or the chief judge. The U.S. attorney could say they don't wish to enforce the subpoena and quash it. Without the U.S. attorney, an indictment cannot proceed. Billy Martin, a former executive assistant U.S. attorney who supervised grand jury investigations in D.C. Superior Court, said there are times when the U.S. attorney and the grand jury disagree.