United States v. Thompson

Background

The Comptroller closed the First National Bank of Uniontown and the bank’s president, Thompson, faced criminal charges. A Pittsburgh grand jury presented only the first seventeen counts and did not return true bills on thirty other charges. Later, without asking the trial judge’s permission, the district attorney and a special assistant from the Attorney General’s office took the matter to an Erie grand jury, which returned a thirty-count indictment based on witnesses called at Erie. The trial court quashed the Erie indictment because the resubmission occurred without the court’s prior approval.

Reasoning

The central question was whether a judge may require prior permission before a prosecutor presents the same charges again to a later grand jury. The Court said no. It explained that the grand jury’s power to investigate is original, continuous, and not dependent on court approval, and that a rule forbidding resubmission would undermine the prosecutor’s and grand jury’s authority. The Court rejected reliance on Pennsylvania cases and state rules where they conflicted with federal practice. Because quashing the Erie indictment barred the Government’s ability to prosecute those charges, the Court found the ruling reviewable and reversed the lower court.

Real world impact

The decision restores the ability of federal prosecutors to present previously unreturned charges to later grand juries without first obtaining a judge’s permission. It limits the trial judge’s discretion to block such resubmissions and sends the case back to the lower court for further proceedings consistent with the opinion.