Reply #28: Sealed indictments can be used in other cases

[insane_cratic_gal]

Judge. Sealed indictments are often used in cases where there is an ongoing investigation (Such as drug cases, where you work up the chain from the small dealers to the bigger ones, but you don't want to tip anyone off that you are investigating their network if, say, you've flipped a few low level people and are using them to do controlled buys up the chain.) and/or you have defendants that you are afraid will flee your jurisdiction before they are apprehended. But they may also be used for other reasons, including security and other considerations, if approved by the presiding judge.

Given the scope of this, even using words like defendant A isn't going to protect the identity of the subject. We all know who it is. So we know it's not a case of being a flight risk, but could Luskin request if an indictment be handed down it remain sealed given the nature of Rove's stature and visibility?

Just an idea, I don't know if it's even possible

OR

The 5th Amendment requires no one can be put to trial for a federal felony unless they've been charged by Indictment, however, a defendant may waive that right in Federal court and plead to a felony charged by prosecutor's Information. So, unless there is already a deal-- a signed, sealed and delivered deal-- anyone charged in this case will first be in an Indictment, which may later be dismissed in favor of a plea to a reduced charge in an Information, or, more likely, a flipper will be allowed to plead to a lesser liabilty count originally included in the indictment, and the rest will be dismissed. Salient point-it is always possible that there are deals (plea agreements) struck and signed and filed under seal. Cooperators or flippers can be useful at trial against anyone who still hasn't caved and is going to trial, not just for testimony in the GJ. After the GJ is finished, there will still be flippers getting deals.