Posted on 06/29/2018 10:40:30 PM PDT by ransomnote
May there be a difference between the venue of the criminal jury trial, and the venue of the grand jury which issues the true bill (the indictment)?
Haha. Don't worry. I have the answer. I always have the answer.
Bagster
That's a good question, and I don't know there is an answer from a statutory or rules basis. As a practical matter, holding it in that sort of limbo would be pointless UNLESS the purpose was to avoid losing the power to prosecute because of statute of limitations. In that case, I think the courts would frown on holding the indictment sealed/secret from the perp for long, as the point of a statute of limitiations is to "clear the perp," rather than hold them in limbo for the rest of their lives.
-- And, if they wanted to coordinate arrests or wait on further investigations, they could do that, yes? --
Yes. But I think you are swinging wildly on the "wait on further investigations" part. If there is enough evidence to indict, then indict. If not, it is (theoretically) improper to indict.
I'd love to see a graph of "how many sealed indictments are there TODAY. Not how many were filed today, how many exist today. Track that over a period of time.
It might be that half of the total number of cases filed, are under seal at first. How many federal "defendants filed" in federal distric court a year? FY2016 report says about 72,000.
What "other method" is there? ROTFL! Regardless of WHO the prosecutor is, "routine", or some special assignment like SC or Huber, the venue rule is the same.
Mueller wanted to transfer the Manafort case he had to being in NY, out of NY to DC, because it suited Mueller. Manafort refused.
I have the same problem with those indictments, it doesn’t make sense that they haven’t been arrested, and gone before Grand Jury!
It makes me wonder if they aren’t for criminal, illegal aliens, that are still not in custody. Otherwise, what are they waiting for, it took the evidence to get the indictment?
So I agree with you!
No.
Q !CbboFOtcZs ID: 147267 No.1987414 📁
Jul 1 2018 14:23:25 (EST)
https://www.washingtontimes.com/news/2018/jul/1/us-really-did-have-manchurian-candidate-white-hous/
Q
Sounds very likely.
Massive research was done by a team who posted on FR much but not all of their findings. It is known.
Zero gained Every Ounce Of His Initial Power through getting Crooked Judges to UNSEAL the records of his Political Enemies courtesy Valerie Jarrett’s Clan in Chicago.
Does Huber have the ability to file in any venue? Sure. But he still has to follow the venue statute, as well as all DOJ regulations. He might be on special assignment on DOJ, and if so, that is unusual too.
Would a 2nd SC takes years? Yep. I'm no fan of SC. I think they NEVER do the right thing. NEVER.
The size of Mueller's team is paltry against the size of DOJ, and as I mentioned before, whatever Mueller doesn't have, Sessions does. No contest when it comes to resources. Elephant vs. an ant.
Comparing Mueller's 20-25 with Huber's DOJ/OIG of 470 is a nonsense comparison. There are issues outside of DOJ/OIG (see state dept), and who knows what resources Sessions has, or Huber has steered to those cases.
-- Sorry for formatting --
No sweat.
And FWIW, a 2nd SC base could be anywhere Sessions wanted to base it. But the venue for prosecution is driven by the crime, not by the prosecutor's preference. Scooter Libby was tried in DC. The preseucutor was based in Chicago.
Q has linked to the indictments. Whether they are for spitting on the sidewalk or otherwise. Q thinks it's a thing, and he thinks Huber/Sessions has something to do with it.
Q has said that Huber/Horowitz are working "outside of DC" for a reason. So venue shmenue, to use the legal term.
Q also linked the Turley/Breitbart article. Re-read that for dot connecting purposes.
Whatever the indictments may mean, it means, according to Q, something swamp draining related. According to Q. And I actually believe Q is the real deal. So there is that.
We either believe Q, or we don't.
And with that, it's Daddy's nap time.
Bagster
Charlie Daniels, is that you?
“You may not know it but this man is a spy
He’s a undercover agent for the FBI
But everybody else was looking and listening to me
And I laid it on thicker and heavier as I went
I said, “Would you believe this man has gone as far
As tearing Wallace stickers off the bumpers of cars
And he voted for George McGovern for President.”
I'm sure some do think that. Beliefs are all over the place.
-- For me, this angle is not being interpreted correctly. Not by a long shot. --
Yeah, well, that is "situation normal." Not talking about your point of view, by the way, just that the public more often has an incorrect impression than it has a correct one, thank you media!
In this case, I don't think the data is necessarily wrong. I think it is being assigned a meaning or significance out of thin air. I didn't see any dupes in the data check I did, which means what was sealed at the end of one month was NOT sealed at the end of the next.
How many engine blocks are molten metal? All of the cast ones, the day they were poured.
How many cancer cases were there from 1700 to 1750? None - the diagnosis didn't exist.
There’s a thread about this and I just asked LS what he thinks, as he lives in AZ.
A comment he made:
http://www.freerepublic.com/focus/news/3667533/posts?page=221#221
My question:
http://www.freerepublic.com/focus/news/3667533/posts?page=267#267
Right wing, left wing is deliberately simple and effective to produce polarization.
And why keep indictments of nickel and dime gang member sealed for many many months or ever a year or more? That makes no sense at all.
Rule 18. Place of Prosecution and Trial
Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.
Notes
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 23, 2008, eff. Dec. 1, 2008.)
Notes of Advisory Committee on Rules1944
1. The Constitution of the United States, Article III. Section 2, Paragraph 3, provides:
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Amendment VI provides:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law * * *
28 U.S.C. former §114 (now §§1393, 1441) provides:
All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.
The word prosecutions, as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is attended with real advantages. The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district.
2. Within the framework of the foregoing constitutional provisions and the provisions of the general statute, 28 U.S.C. 114 [now 1393, 1441], supra, numerous statutes have been enacted to regulate the venue of criminal proceedings, particularly in respect to continuing offenses and offenses consisting of several transactions occurring in different districts. Armour Packing Co. v. United States, 209 U.S. 56, 73 77; United States v. Johnson, 323 U.S. 273. These special venue provisions are not affected by the rule. Among these statutes are the following:
U.S.C., Title 8:
Section 138 [see 1326, 1328, 1329] (Importation of aliens for immoral purposes; attempt to reenter after deportation; penalty)
U.S.C., Title 15:
Section 78aa (Regulation of Securities Exchanges; jurisdiction of offenses and suits)
Section 79y (Control of Public Utility Holding Companies; jurisdiction of offenses and suits)
Section 80a43 (Investment Companies; jurisdiction of offenses and suits)
Section 80b14 (Investment Advisers; jurisdiction of offenses and suits)
Section 298 (Falsely Stamped Gold or Silver, etc., violations of law; penalty; jurisdiction of prosecutions)
Section 715i (Interstate Transportation of Petroleum Products; restraining violations; civil and criminal proceedings; jurisdiction of District Courts; review)
Section 717u (Natural Gas Act; jurisdiction of offenses; enforcement of liabilities and duties)
U.S.C., Title 18:
Section 39 [now 5, 3241] (Enforcement of neutrality; United States defined; jurisdiction of offenses; prior offenses; partial invalidity of provisions)
Section 336 [now 1302] (Lottery, or gift enterprise circulars not mailable; place of trial)
Section 338a [now 876, 3239] (Mailing threatening communications)
Section 338b [now 877, 3239] (Same; mailing in foreign country for delivery in the United States)
Section 345 [now 1717] (Using or attempting to use mails for transmission of matter declared nonmailable by title; jurisdiction of offense)
Section 396e [now 1762] (Transportation or importation of convict-made goods with intent to use in violation of local law; jurisdiction of violations)
Section 401 [now 2421] (White slave traffic; jurisdiction of prosecutions)
Section 408 [now 10, 2311 to 2313] (Motor vehicles; transportation, etc., of stolen vehicles)
Section 408d [now 875, 3239] (Threatening communications in interstate commerce)
Section 408e [now 1073] (Moving in interstate or foreign commerce to avoid prosecution for felony or giving testimony)
Section 409 [now 659, 660, 2117] (Larceny, etc., of goods in interstate or foreign commerce; penalty)
Section 412 [now 660] (Embezzlement, etc., by officers of carrier; jurisdiction; double jeopardy)
Section 418 [now 3237] (National Stolen Property Act; jurisdiction)
Section 419d [now 3237] (Transportation of stolen cattle in interstate or foreign commerce; jurisdiction of offense)
Section 420d [now 1951] (Interference with trade and commerce by violence, threats, etc., jurisdiction of offenses)
Section 494 [now 1654] (Arming vessel to cruise against citizen; trials)
Section 553 [now 3236] (Place of committal of murder or manslaughter determined)
U.S.C., Title 21:
Section 17 (Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded; penalty; jurisdiction of prosecutions)
Section 118 (Prevention of introduction and spread of contagion; duty of district attorneys)
U.S.C., Title 28:
Section 101 [now 18 U.S.C. 3235 ] (Capital cases)
Section 102 [now 18 U.S.C. 3238 ] (Offenses on the high seas)
Section 103 [now 18 U.S.C. 3237 ] (Offenses begun in one district and completed in another)
Section 121 [now 18 U.S.C. 3240 ] (Creation of new district or division)
U.S.C., Title 47:
Section 33 (Submarine Cables; jurisdiction and venue of actions and offenses)
Section 505 (Special Provisions Relating to Radio; venue of trials)
U.S.C., Title 49:
Section 41 [now 11902, 11903, 11915, 11916] (Legislation Supplementary to Interstate Commerce Act; liability of corporation carriers and agents; offenses and penalties(1) Liability of corporation common carriers; offenses; penalties; Jurisdiction)
Section 623 [repealed] (Civil Aeronautics Act; venue and prosecution of offenses)
Notes of Advisory Committee on Rules1966 Amendment
https://www.law.cornell.edu/rules/frcrmp/rule_18
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