Barry SCHWARTZ (Barijo ŜVARC) (chemoelectric) wrote,
Barry SCHWARTZ (Barijo ŜVARC)
chemoelectric

“speaking indictment


http://www.boomantribune.com/story/2005/10/29/20254/872

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.

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