Seems speculative

That’s a good point we would think with all the media coverage that should happen so maybe the legal issue is do the words of a foreman outside the presence of the rest of the grand jury control over the document when there’s a conflict ?

You would think, but it’s not unanimous to indict, I think they have to have at least 12 of the 23, so maybe they’re fractured and not all talking, feel sworn to secrecy, etc. I don’t know, but the magistrate looked at the first written indictment and said the entire thing was no true billed

Something to chew on : the first indictment as written left the GJ room and arrived to the MJ as a no true bill as to the entire thing . The split verdict was explained orally by the foreperson outside the presence of the full GJ . What if the foreperson was mistaken or worse ?

Sometime later that day, via means I have not gotten the clerk's office to explain, that was fixed to have the actual signature page replaced.

www.documentcloud.org/documents/26...

Anyway, the facts are complicated, and the legal impact remains unclear.

To that end, the judge asked the parties to focus on a specific case when briefing the matter.

The case is called Gaither v. United States. It’s available here: law.justia.com/cases/federa...

Another wrinkle : Halligen is an attorney standing next to the foreperson and doesn’t correct the record to the judge when foreperson falsely says they voted on the second indictment despite an ethical obligation to do so (she knows there was no vote on the second indictment)

I like it

@emptywheel.bsky.social I’m trying to make sense of DE 3 that appears to be the Gov representing this is the first indictment but it apparently has the last page swapped out for the last page of the first indictment ? Feels like a misleading filing www.courtlistener.com/docket/71459...

I pulled DE 3 thinking it would show the original three count indictment , but the last page says count 2 (twice in the doc )the paragraph numbers don’t match either , looks like they swapped in the last page from the second indictment ? www.courtlistener.com/docket/71459...

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