Posted on 05/14/2018 2:11:37 PM PDT by Mariner
Attorneys for an alleged component of Russian trolling efforts during the 2016 presidential election are demanding that special counsel Robert Mueller be forced to reveal the grand jury instructions used in count one of the government’s indictment against Concord Management and Consulting LLC.
The nine-page motion (plus supporting documents) filed with the U.S. District Court for the District of Columbia relies upon Federal Rule of Criminal Procedure 6(e)(3)(E)(ii) which provides:
The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter…at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury.
The motion further specifies that Concord Management is requesting a private “inspection of the legal instructions provided to the grand jury regarding Count One of the Indictment…in order to determine whether the instructions provided could support a motion to dismiss Count One of the Indictment.”
Concord’s argument is that Mueller failed to include a necessary knowledge requirement in count one of the indictment against Concord Management and other Russian entities and therefore, may need to be dismissed. (A knowledge requirement refers to intent or knowledge of criminal wrongdoing. Thus, an allegedly offending party would have knowledge of the criminality they’re alleged to have engaged in.) The motion notes, “violations of the relevant federal campaign laws and foreign agent registration requirements administered by the DOJ and the FEC require the defendant to have acted ‘willfully,’ a word that does not appear anywhere in Count One of the Indictment.”
(Excerpt) Read more at lawandcrime.com ...
Then he will drop all charges.
Hope Mueller has to eat it. This idea of “creating” a crime out of “suggestive” information but not “factual” information is no tjustice.
I’ll get the popcorn started.
Tricksy Russianses!
Guess who will be next in the hotseat once they establish THAT as a crime? Places like FR will be targeted for anything critical of people like Hillary.
I’ll get the popcorn started.
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I’ll melt the butter.
Mueller never expected a rebuttal.
So does anyone else get the impression that the Mueller Mob are way, WAY better at 5:00am no knock, guns drawn illegal searches than they are at actually prosecuting supposed “crimes”?
[sandbagging here] I am not a lawyer and I didn’t sleep at a Holiday Inn, but it is my understanding that Jeopardy is attached when when the jury is sworn in.
Is that a grand jury or a trail jury?
Can someone clarify?
Defendants are asking for speedy trial. Mueller can’t stop that
Link to motion ...
https://www.politico.com/f/?id=00000163-5fec-d9c0-a1f3-7ffdbc340000
Well worth the read.
“5:00am no knock”
The 5:00am no knock is VERY dangerous for the target. If you have anything in either hand, you’re dead before anyone knows what it is.
"Legal jeopardy" has a different connotation, and is basically the opinion that a crime has been committed, and a prosecutor is looking into it.
In fact, Concord Management’s motion explicitly says as much, claiming, “[T]he DOJ never brought any case like the instant Indictment, that is, an alleged conspiracy by a foreign corporation to ‘interfere’ in a Presidential election by allegedly funding free speech. The obvious reason for this is that no such crime exists in the federal criminal code.”
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Muëller has moved from process crimes to fabricated crimes.
“Mueller can’t stop that”
Not without a plausible BS story to the judge.
That said, if the defense wants to move forward they’ll have the favor of precedent and law.
A prosecutor is supposed to bring charge ONLY once they have developed their case.
I was only prelaw but, if you appear, to be arrainged before a judge and the prosecutor says “We need more time” the judge will generally dismiss the case on the spot. At the arraigment the prosecution is supossed to have its case setup. It is required to have all their ducks in a row, the last dog has already jumped through the last hoop and the pony show has awarded a prize. If the prosecution is not ready to go then the case is dismissed.
Thus the old Mafia trick of killing the witness before the trial starts.
At least that is my understanding.
“I was only prelaw but...”
Pre-med, pre-law, what’s the diff?
Brought to you straight from Hoover at the Intra Fraternity Council trial. “An indictment of our entire American Society” “No More Delta House”!
wow! these defense lawyers from Reed Smith are absolutely shredding Mueller!
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