“The Fifth Amendment to the Constitution says, with only a handful of exceptions: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” In practice, though, grand juries rarely fail to indict. The entire process is nonadversarial, meaning prosecutors make their case to jurors without an opposing attorney making any counterarguments, and the burden of proof is much lower than it would be at trial. As the old saw has it, a prosecutor could get a grand jury to indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.”
https://reason.com/2025/11/16/less-indictable-than-a-ham-sandwich