General Discussion

None of the D.C. grand jurors who heard the Trump administration’s pitch on why they should indict Democratic lawmakers over a video urging members of the military and intelligence communities to uphold their oaths believed the Justice Department had met the low threshold of probable cause, two sources familiar with the matter told NBC News.

It’s exceedingly rare for a federal grand jury to reject prosecutors’ attempts to secure an indictment, since the process is stacked in the government’s favor. Federal grand juries need a minimum of 16 members to have a quorum, and they max out at 23 members. Just 12 grand jurors need to agree that the government had probable cause to indict, a threshold much lower than the unanimous “beyond a reasonable doubt” standard that a petit jury needs to convict.

In 2016, the Justice Department investigated more than 151,000 suspects, but grand juries returned just six “no bills,” per DOJ statistics. The vast majority of assistant U.S. attorneys will go their entire careers without being rejected by a grand jury like this. As NBC News previously reported, the lawyers who attempted to bring the case are political appointees, not career prosecutors.

It’s unclear if the office of U.S. Attorney for the District of Columbia Jeanine Pirro will push forward and try to indict the Democratic members again.