Reply to Grand Jury Issues Sealed Indictments in Mueller Case

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Please explain to a layperson. What happens to those who are indicted?[/quote]

In a nutshell: If someone’s believed to have committed a federal crime, they must either have a probable cause hearing before a judge or be indicted. That means the government has enough evidence (probable cause) to try the case.  The target will be arrested and arraigned (booked for the crime and have a bail hearing). Normally a non-violent offender (not a danger to the community) will be released on bail.  For a wealthy defendant, a lot of bail— unless they are deemed a flight risk.  They then get a trial date and either go to trial or plea.

The indictment under seal is interesting.  It may be  to prevent a media circus this weekend and during the arrest. It is easy to being someone high profile in without the media being six deep. Or to prevent flight (but it seems unlikely that mAnnaforrt could leave the coountry anaad no one wold notice). Or— and this is my own personal conspiracy theory, based on nothing but hope and speculation— Don Jr or (more likely) Kusher are going to be indicted, and Mueller is afraid that Trump will try to interfere with the arrests/ start firing Mueller and his attorneys etc., and inflaming the public via Twitter.   So it may be under seal to protect the investigation from Trump. He can still tweet, but he is more limited if he does not know the target. Nd he might cut Manafort loose, but he will fire Mueller,ER before Kushner is arrested

I agree it’s probably Manafort and/or Flynn, although the under seal thing is strange, because everyone knows they are going to becrged.

It would amazing it was Kushner.

I haven’t seen if there is only one indictment, or there might be several?[/quote]

Is it possible that a sealed indictment may be used to contact the indictees attorney and see if a voluntary surrender can be negotiated with the thinking that courteous treatment may be part of a good cop bad cop routine that gets some kind of plea deal that turns on others negotiated?

Or do you always do the surprise arrest, force the perp walk humiliation and negotiate the plea and proffer afterwards?  [/quote]

This is not normal territory. Normally you seal so indicted does not flee, or stage a Waco type event, etc. during an arrest, or co-conspirators are not tipped off. So you don’t give up the element of surprise. But the conditions of it being sealed can be agreed to by the Judge. Nothing says it can’ t be sealed, except xxx attorney can be notified. Mueller is running as low key an investigation as possible, except the Manafort raid. It is certainly possible that whomever is indicted will surrender quietly and privately. That seems like Mueller’s style.  And a splashy arrest helps no one in the end.  It is also possible to notify the target of the indictment, and offer them a private deal to testify in exchange for immunity, and never arrest the person who was indicted. Although that seems unlikely, since the indictment leaked.

My *guess* is that it is sealed to prevent Trump from trying to prevent the arrest. Trying to fire Mueller, issuing a blanket pardon for all federal crimes the target did, etc.  Mueller has been very careful to protect this investigation from Trump. it feels *to me* like he is trying to arrest without Trump trying to stop it.  Because we get into an ugly cycle if an indictment is issued, Trump pardons, rinse, repeat.  It is one (ugly) way to stop the investigation.   But I have no proof of that.

I would also hope (and assume) that to the extent possible, they are filing state charges/ have state charges ready to go as well (like in financial crimes cases) so prevent Trump from stopping the investigation. (POTUS cannnot pardon state crimes). [/quote]

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