Prosecutors Can Be Sued For Misleading A Grand Jury In The Second Circuit

I have a friend who worked as both an AUSA and a defense attorney. He often said the biggest mistake defense lawyers make in trial is not carefully checking the work in government summary charts. A lot of advocacy is hidden in them — factual doubts are often resolved in favor of the government.

What happens when that same misleading spreadsheet is introduced before the grand jury? According to the Second Circuit, a prosecutor won’t have qualified immunity and can be sued.

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