The “threshold” she speaks of isn’t a rigid, unyielding standard. Her refusal to even consider the matter is, in itself, quite telling.
To understand the gravity of the situation, it’s crucial to understand the general criteria for initiating a grand jury investigation:
- Probable Cause: This is the cornerstone. A prosecutor must present enough evidence to convince the grand jury that a crime likely occurred and that the person being investigated likely committed it.
- Complexity of the Case: Grand juries are often employed in complex cases, such as white-collar crime, organized crime, public corruption, and cases where witnesses are afraid to testify.
- Investigative Needs: A grand jury’s power to subpoena witnesses and documents is invaluable when an investigation stalls.
- Prosecutorial Discretion: The decision to present a case to a grand jury ultimately rests with the office of the prosecutor.
Reportedly, after her initial pushback, the Justice Department wanted to freeze assets in a bank related to the Biden-era EPA funding. This further underscores the seriousness of the inquiry and the potential ramifications of Cheung’s alleged actions.
