Special counsel Robert Mueller’s use of "speaking indictments," indictments that go into more detail than legally required, may offer insight into his overall plan, according to The Hill.
"A speaking indictment comes from the idea that the indictment does more than that – it speaks, it tells a story," said attorney Jack Sharman, who was a special counsel to Congress during the Whitewater investigation.
"It may be a way for the government to prove it has a mastery of facts or the timeline … to convince the defendant that it’s going to be a hard case to win," he added. "The other [reason] might be to send a message to someone other than the defendant. For example, potential co-conspirators, other potential defendants."
"A special counsel appointment is a different creature," Sharman continued. "A special counsel really has one case and one portfolio. In that circumstance, you could see the prosecutor saying, 'I have an obligation to create a more detailed framework than I might otherwise.' For example, if there were to be congressional proceedings or impeachment proceedings."
"There’s no question that a speaking indictment is so that a lot of alleged facts can be put in the public record," Jon Sale, a white collar criminal defense attorney and a former assistant U.S. attorney in the Southern District of New York and in the District of Connecticut, told the Hill.
"It could be debated whether or not that is appropriate of the prosecutor," he added. "[These facts] never going to be challenged in court, they’re never going to be prosecuted."
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