Five Things to Watch as Robert Mueller Makes His First Big Move
The special counsel may be charging someone close to Trump in order to “flip” that person.
Barbara McQuade 10.28.17 7:06 PM ET
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Fourth, reports also say that the indictment was ordered sealed by a federal judge. Sealing an indictment for a short period of time is a common practice. Obtaining a sealing order requires a showing by the prosecutors that there is a legal basis, though it is routinely granted. One such reason is to avoid alerting the defendant to the existence of an indictment and providing a chance for him to flee or destroy evidence before he can be arrested. Another reason is to prevent co-conspirators from learning about the indictment and changing their behavior in some way that jeopardizes the investigation, such as by tampering with witnesses or evidence or even coordinating their explanations. Here, it could be that the prosecutors simply want to obtain a bit of time to organize an arrest plan for early next week or to provide notice to lawyers for the defendants so that they may voluntarily surrender at a reasonable time. On the other hand, it could be that the indictment (or others not yet reported on) will remain sealed for a longer period of time while the investigation continues, so as not to tip off witnesses and co-conspirators regarding where the investigation is heading until it is complete.
Then wondered if a sealed indictment could be served.
Sealed Indictment Law and Legal Definition
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A sealed indictment an indictment that is sealed so that it stays non-public until it is unsealed. This can be done for a number of reasons. It may be unsealed, for example, once the named person is arrested.
The following is an example of a federal rule dealing with sealed indictments:
The magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment, and no person may disclose the indictment’s existence except as necessary to issue or execute a warrant or summons. https://definitions.uslegal.com/s/sealed-indictment/
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