Article II gives the president broad powers to “take care that the laws be faithfully executed.” He may delegate that power to the United States Attorney who is authorized to use the grand jury to investigate whether the law is being “faithfully” executed. The judiciary does, of course, have the authority to protect the Constitutional rights of witnesses, but that power should be based on the law and precedent. The law does not require prosecutors to show “probable cause” in order to subpoena witnesses before the grand jury. Judge Boasberg has a history of being highly political. In this case he seems to have abused that power in a manner that curtails the Constitutional authority of the executive branch. It is far from certain that his decision will survive appellate review.
