2 Possible Reasons For Sealed Indictments: From Poster At Washington Note

[KittyWampus]

Please keep this kicked for other DUers :)

Clemons at Washington Note has mentioned the possibility of Sealed Indictments and David Corn apparently got the scoop on that days ago. Here's a post from Washington Note from a lawyer who explains 2 possible reasons for sealed indictments and what they might mean.

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"I am a lawyer and can tell you that "sealed" indictments can mean a number of things - especially in this case.

Often times the indictments are, in fact, "un-sealed" , i.e, made public, upon the arrest and arraignment of the person named in the indictment. But they don't have to be.

Remember that this grand jury expires this friday. So unless Fitzgerald wants to empanel a new grand jury he needs to hand down indictments by then. If there are sealed indictments handed down by the grand jury in this case I would wager one of two things (that have already been reported by others, by the way): Either some of those that are to be indicted are working on plea/cooperation deals with Fitzgerald currently and by sealing the indictments he is allowing them to negotiate some sort of deal and then will dismiss the indictments against them. This may mean that the public never hears the extent of such person's complicity.

In the alternative, Fitzgerald may be planning on empaneling another grand jury to buy him time to further investigate matters and is only handing down the indictments he knows he can get from this grand jury at this time. This would allow him to empanel another grand jury without publically releasing the details of the indictments handed down by the expiring grand jury.

Of course the most-likely scenario is that the prosecutor perhaps did not want to deliver the so-called "target letters" (he is not required to do so) because of the over-whelming amount of leask that have been occuring recently and is just sealing the indictments in order to give himself time to give those named in the indictments notice thereof. Given the magnitude of the case and the press coverage related to it I wouldn't be at all surprised if this last scenario is the one that plays out. Fitzgerald seems like the type of guy who would be diplomatic and courteous in delivering the news to those indicted in order to possibly allow them to avoid the press frenzy that would ensue if he filed unsealed indictments.

But never fear........ if sealed indictments are handed down the leaks will come even more fast and furious."

Mitch

Posted by: stopthebus at October 25, 2005 05:35 PM

http://www.thewashingtonnote.com/archives/001031.html

[Erika]

1. Sealed documents are warnings that they've got the goods

for an indictment but will give one more chance if those involved will reveal more names, sources, and info voluntarily. They are going for the higher-ups.

[KittyWampus]

3. Yes, though the lawyer says it might be Fitz giving indicted a chance to

recieve that information before it becomes public... as a matter of professional courtesy.

[newyawker99]

7. I agree.....

They are going for the higher-ups.

I think he wants Cheney.

[bleever]

2. Interesting possibilities. Kick.

[lavenderdiva]

4. kick!

:kick:

thanks for posting this...

[Oilwellian]

5. The leaks will come fast and furious

Too many will know who's been indicted...family, friends, lawyers, staff. There's no way they'll be able to keep it quiet.

[LiberalVoice]

6. kick

:kick:

[northamericancitizen]

8. kick

[KittyWampus]

9. just bumping the lawyer's input.

[donsu]

10. kick

nt

[johnfunk]

11. The target letters are out, but I can still see sealed indictments...

... especially since the Grand Jury is meeting today, CNN and others)are reporting no announcements today, and Fitz met with Rove's lawyer yesterday (i.e. there may be negotiations for a plea deal in the works).

Be sure that Cheney, Libby, Rove and MANY OTHERS are feeling the heat of the "Fitzmas Season" -- which could turn out to be very long...

[DemReadingDU]

12. Wilson's Civil Rights violated. Conspiracy

interesting topic at NoQuarter


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5176556

[corbett]

18. Agreed! An Interesting Angle!

http://www.votetoimpeach.org

[KittyWampus]

13. An Excellent Explanation From DU'er, LiberalVoice-

LiberalVoice

"Well from what I understand...

Just because they're sealed doesn't mean it'll take awhile to hear about them. He may have just sent them sealed last night so that all those who received an indictment would know that they were being indicted. It gives them a chances to either...

a) Prepare themselves for the media frenzy.

b) Since they don't know what they're being indicted for it gives them a chance to cooperate last minute now that they know they are being indicted."

[femrap]

14. thx....

I have been asking people what 'sealed indictments' mean....I don't know too many lawyers who deal with this on a daily basis.

[mzmolly]

15. Thank YA!

:hi:

[ailsagirl]

16. kick

[WA98296]

17. Thanks!

[MassLiberal]

19. kick

[Straight Shooter]

20. Patrick Fitzgerald is an officer and a gentleman.

An officer of the court, that is, and a gentleman who believes in professional courtesy.

Interestingly, I saw a video of Fitzgerald (courtesy of DU'er liveoaktx) which showed Fitz stepping aside and opening the door to allow a couple of women to enter the building before him. Apparently his parents raised him well.