sunset from behind the wire

sunset from behind the wire

Monday, July 23, 2018

A Note on Sealed Indictments

One of our blogging friends asked me to comment on an allegation that the US DOJ is sitting on 40,000 sealed indictments. 

The Federal court system is sitting on 40,000 sealed court actions and there is a big difference between the two. A major case could have dozens of search warrants (an authorization in writing by a judge to search a specific location for specifically enumerated evidence which would show that persons committed (a) felony(s). Since almost every crime enumerated in 18USC is a felony, it's not difficult to get a search warrant. These are often sealed so the defendant can't read the affidavit and learn who is cooperating with the government. There are also grand jury subpoenas that are generated in almost all federal cases and there could be a thousand in a complex financial investigation. Those are often sealed as well.

In the criminal justice system, it all comes out in trial. It's not a FISA court. And an indictment is not a conviction. It's an allegation.

Let's take a moment and differentiate between state courts and federal courts. They different with different crimes and different bodies of law. My experience with the California Court System and the Federal Court Systems are roughly equal. Going into great detail on what those differences are and how they play out would take a (thick) book. Suffice that they are different.

There are essentially three kinds of grand juries. Blue ribbon grand juries are usually made up of citizens nominated for one year terms by judges and look at specific government processes to determine whether or not there is a problem. They rarely delve into criminal matters. Criminal grand juries, made up of citizens like you, chosen because you are licensed drivers, sit as investigative bodies (investigative grand juries) and as accusatory grand juries, which issue true bills of indictment. The Federal System always uses grand juries for indictments, and state systems tend to use preliminary hearings unless it's a complicated organized crime case/gang case, etc. 

I have no idea how many sealed indictments the US DOJ is sitting on but wouldn't be surprised if there are 1,000(s) nationwide. That would leave 39,000+/- grand jury subpoenas, search warrants, returns to search warrants, proffers, and other documents out there. Those numbers wouldn't surprise me at all and they're manageable by the courts.

The systems (state and federal) both have 14th Amendment/due process time requirements to bring the case to a speedy conclusion ONCE CHARGES ARE FILED. Investigations are timed-out by the statute of limitations, which varies based on the system and the crime. There are not statutes of limitations in homicides - but the federal government has very few homicide cases. Most of them take place on Indian reservations. 

Thoughts?

The Difference between Vlad and Hillary?


Plots, Plans and Clickbait

2 million

I rarely check blog stats but I did today
and this obscure blog has over two million
page views. Thank you for taking time out of
your lives to drop by.

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Russian Plan

Clearly it will involve Boris, Natasha and Fearless Leader.

The only way to thwart their evil plot to conquer America is to require voter ID and demand that people appear personally at each voting place.

It might not stop the dead from voting in Chicago because it's a tradition there, but most of the damage can be averted...if the Democrats are interested in stopping Russian meddling.

Victor Davis Hanson has a good piece. It's short, worth a read, "Just How Far will the Left Go?"


How Low will they Go?

Sen. Rand Paul called Monday for President Trump to revoke former CIA director John Brennan's security clearance, as he questioned whether the Obama-era spy boss was “monetizing” his access to sensitive information in his new role as a pundit.

“Is John Brennan monetizing his security clearance? Is John Brennan making millions of dollars divulging secrets to the mainstream media with his attacks on @realDonaldTrump?” Paul tweeted early Monday.
Is former CIA Director John Brennan cashing in with the corrupt, lying, smug, scamming, elite mainstream media by trashing President Trump? That much is undeniable. CNN pays Brennan to go on its shows and lie about the President. Same with Big Jim Comey, now a Democrat Party insider. They're paid millions to keep the ratings up in the failing networks, and we all know the business of media is in the ratings.

What is John Brennan's access to CURRENT intelligence? Getting the information requires two things: (a) clearance and (b) access. My sense is that while Brennan and other former DCI's have clearance, their access to current information is very limited. They're still allowed in the CIA HQ, can go to the executive cafeteria and have lunch and hang out (clearance), but that's about it.

Bottom Line: John Brennan accused President Trump of being a traitor. It's one of if not the only federal crime punishable by death. In exchange, Rand Paul is asking that Brennan's ticket to the 7th floor at CIA be canceled. 

Personal Note: I've met John Brennan and Jim Clapper. Brennan is a consummate stuffed shirt with a personal love of Islam, which explains his appeal to President Obama. 

General Clapper is a 77 year old retired Air Force Lt. General. Clapper isn't as cunning as Brennan but he knows the Pentagon game and made his living doing insider fighting in the heart of the largest and best funded Byzantine Empire  (the Pentagon) the world has ever known. While General Clapper has proven to be a bit of a cur, lying to Congress about NSA spying activities on US Citizens, I can't help but admit that I still like him - sorta. In much the same way that I like a cobra in a zoo that is behind safety glass. Brennan, on the other hand has all the endearment of a New Orleans wharf rat.