Under the applicable federal rule, indictments are only required to be a “plain, concise, and definite written statement of the essential facts constituting the offense charged.” The rule goes further to say indictments “need not contain a formal introduction or conclusion.”
The Libby indictment goes considerably beyond what the rule requires, or even envisions. It is what's called, in courthouse vernacular, a “speaking indictment.” The purpose of a “speaking” filing, in any court proceeding, is to show the other side some of the stronger cards you're holding in your hand, and this indictment is no exception.
chemoelectric) wrote, 