The Grand Jury and standing

In re Grand Jury Application, 617 F.Supp. 199 (S.D.N.Y.1985) is often used to argue that the US attorney shall on request of any person, forward such information to the Grand Jury. The problem with such is that it can only be enforced by the Court if the plaintiff has standing to raise the issue. This requires the plaintiff to have standing to enforced the duty.

Mohwish’s request that his evidence be presented to the grand jury is, unlike his other requests, at least plausible. Section 3332 says on its face that the U.S. Attorney “shall” present to the grand jury information provided by “any person,” and one district court has held that any person has standing to enforce this duty. See In re Grand Jury Application, 617 F.Supp. 199 (S.D.N.Y.1985) (granting mandamus to enforce § 3332); see also Simpson, 902 F.Supp. at 254 (dictum). In our view, however, Mohwish does not have standing to enforce the statute.

In order to have standing to sue in federal court, Article III of the Constitution of the United States requires that a complainant have suffered an injury in fact, which the Supreme Court has defined as the invasion of a concrete, imminent, and legally cognizable interest. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 573 n. 8, 112 S.Ct. 2130, 2143 n. 8, 119 L.Ed.2d 351 (individual can enforce procedural rights only if “the procedures in question are designed to protect some threatened concrete interest of his that is the ultimate basis of his standing”). A legally cognizable interest means an interest recognized at common law or specifically recognized as such by the Congress. See id. at 578, 112 S.Ct. at 2145 (noting that the Congress may “elevat[e] to the status of legally cognizable injuries concrete, de facto injuries that were previously inadequate in law”).

See also Sibley v Obama

Citing 28 U.S.C. § 1332, Sibley also seeks mandamus to require Machen to inform the grand jury of plaintiff’s identity and President Obama’s alleged wire fraud, as well as to reveal what action or recommendation was taken regarding this entreaty. The Court will deny the mandamus request, in keeping with prior decisions 22*22 that 28 U.S.C. § 1332 cannot be enforced by private individuals. See, e.g., Wagner v. Wainstein, 2006 U.S.App. LEXIS 16026, at *2 (D.C.Cir.June 22, 2006). Per § 1332, an individual may request that the U.S. Attorney present evidence of alleged offenses to the grand jury; but that does not directly benefit plaintiff, so it does not create Article III standing to enforce particular action by the U.S. Attorney. Sargeant v. Dixon, 130 F.3d 1067, 1069-70 (D.C.Cir.1997).