A
An indictment is the formal way of accusing someone of a crime, usually a felony. A "sealed" indictment is just a fancy way of saying that it has not been made public. Once it is made public, it is then considered to be "unsealed" (I have not personally heard the term "open", but I assume it is what you are referring to, and may be a term used in your jurisdiction). The government obtains an indictment by presenting the evidence it has to a grand jury, which is made up of citizens from the jurisdiction. It is a secret process and jurors and the government attorneys cannot share the information that is obtained during that process with the public. During this time, it is considered to be "sealed". Once it gets the indictment, the government can maintain an indictment sealed for various reasons. For instance, it may have an ongoing investigation and does not want to make it publicly known for some reason (they are using a person/defendant who is working as an informant with the government, for instance).
Since an indictment is the formal way to charge someone with a felony, it must be read to the defendant in open court. Therefore it is public and is "open" at the time that it is done. Therefore, a person cannot go to trial on a sealed indictment, since trials are also public. So in answer to the second part of your question, an indictment is sealed when it starts, but will become unsealed (open) prior to the person receiving the charges formally (what is called the arraignment). In our system, a person would not go to trial on a sealed indictment.
http:// www.uscourts.gov/sites/default/files/sealed-cases.pdf
I'm just basically doing a search and dig on sealed indictments and why they would be outside of DC jurisdiction. Keep in mind, I have a filter on to keep the search between 2000-2012. Came across thsi question posed on a site, along with an answer.
Sealed Indictment
Q:If someone left the country before being indicted, I assume they can be indicted in their absence. My question is can this be a sealed indictment, and if so, how long can an indictment remain sealed? If an indictement is sealed, how would one know they are in fact indicted?
A: Re: Sealed Indictment
Yes, it is possible to be indicted and not know about it, under a sealed indictment.
In fact, if the person has left the country, it might be better for them not to know about it, because otherwise they might be additionall accused of fleeing the country to avoid justice.
However, if the indictment is going to cause any trouble while someone is out of the country or crossing borders, then it would have to show up in the computer systems used by border agents and passport control.
There are services that will search databases – not just a background check of convictions, but law enforcement for any warrants outstanding.
The person is not going to be stopped anywhere, in the USA or anywhere else, if the indictment is completely secret, because even the police won't know about it.
So if there is an effort to arrest or apprehend someone, eventually it will probably show up as a warrant alerting police, customs/border/passport agents to be on the lookout. It cannot remain completely secret and be useful.
Now, there may be other reasons for keeping it sealed, such as first the police want to take down an entire network of mafia or a gang or something, and only then start to prosecute.
At some point, there may be issues about the right to a speedy trial. But I think being outside of the country might frustrate the exercise of those rights. That is, if one flees the jurisdiction, time limits may stop because the person is unavailable.
If anyone you know has reason to believe they might be indicted for something, they should engage a good criminal defense attorney, which can be done even if they are not in Virginia, to prepare a defense in case the person is arrested. One of the problems with the passage of time is that witnesses forget and evidence is lost.
Rule 6. The Grand Jury
(a) Summoning a Grand Jury.
(1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement.
(2) Alternate Jurors. When a grand jury is selected, the court may also select alternate jurors. Alternate jurors must have the same qualifications and be selected in the same manner as any other juror. Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror is subject to the same challenges, takes the same oath, and has the same authority as the other jurors.
(b) Objection to the Grand Jury or to a Grand Juror.
(1) Challenges. Either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected, and may challenge an individual juror on the ground that the juror is not legally qualified.
(2) Motion to Dismiss an Indictment. A party may move to dismiss the indictment based on an objection to the grand jury or on an individual juror's lack of legal qualification, unless the court has previously ruled on the same objection under Rule 6(b)(1). The motion to dismiss is governed by 28 U.S.C. §1867 (e). The court must not dismiss the indictment on the ground that a grand juror was not legally qualified if the record shows that at least 12 qualified jurors concurred in the indictment.
(c) Foreperson and Deputy Foreperson. The court will appoint one juror as the foreperson and another as the deputy foreperson. In the foreperson's absence, the deputy foreperson will act as the foreperson. The foreperson may administer oaths and affirmations and will sign all indictments. The foreperson—or another juror designated by the foreperson—will record the number of jurors concurring in every indictment and will file the record with the clerk, but the record may not be made public unless the court so orders.
(d) Who May Be Present.
(1) While the Grand Jury Is in Session. The following persons may be present while the grand jury is in session: attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or an operator of a recording device.
(2) During Deliberations and Voting. No person other than the jurors, and any interpreter needed to assist a hearing-impaired or speech-impaired juror, may be present while the grand jury is deliberating or voting.
(e) Recording and Disclosing the Proceedings.
(1) Recording the Proceedings. Except while the grand jury is deliberating or voting, all proceedings must be recorded by a court reporter or by a suitable recording device. But the validity of a prosecution is not affected by the unintentional failure to make a recording. Unless the court orders otherwise, an attorney for the government will retain control of the recording, the reporter's notes, and any transcript prepared from those notes.
(2) Secrecy.
(A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).
(B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:
(i) a grand juror;
(ii) an interpreter;
(iii) a court reporter;
(iv) an operator of a recording device;
(v) a person who transcribes recorded testimony;
(vi) an attorney for the government; or
(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).
(3) Exceptions.
(A) Disclosure of a grand-jury matter—other than the grand jury's deliberations or any grand juror's vote—may be made to:
(i) an attorney for the government for use in performing that attorney's duty;
(ii) any government personnel—including those of a state, state subdivision, Indian tribe, or foreign government—that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law; or
(iii) a person authorized by 18 U.S.C. §3322.
(B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii) may use that information only to assist an attorney for the government in performing that attorney's duty to enforce federal criminal law. An attorney for the government must promptly provide the court that impaneled the grand jury with the names of all persons to whom a disclosure has been made, and must certify that the attorney has advised those persons of their obligation of secrecy under this rule.
(C) An attorney for the government may disclose any grand-jury matter to another federal grand jury.
(D) An attorney for the government may disclose any grand-jury matter involving foreign intelligence, counterintelligence (as defined in 50 U.S.C. §401a3003), or foreign intelligence information (as defined in Rule 6(e)(3)(D)(iii)) to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official to assist the official receiving the information in the performance of that official's duties. An attorney for the government may also disclose any grand-jury matter involving, within the United States or elsewhere, a threat of attack or other grave hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by its agent, to any appropriate federal, state, state subdivision, Indian tribal, or foreign government official, for the purpose of preventing or responding to such threat or activities.
(i) Any official who receives information under Rule 6(e)(3)(D) may use the information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Any state, state subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only in a manner consistent with any guidelines issued by the Attorney General and the Director of National Intelligence.
(ii) Within a reasonable time after disclosure is made underRule 6(e)(3)(D), an attorney for the government must file, under seal, a notice with the court in the district where the grand jury convened stating that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.
(iii) As used in Rule 6(e)(3)(D), the term “foreign intelligence information” means:
(a) information, whether or not it concerns a United States person, that relates to the ability of the United States to protect against—
• actual or potential attack or other grave hostile acts of a foreign power or its agent;
• sabotage or international terrorism by a foreign power or its agent; or
• clandestine intelligence activities by an intelligence service or network of a foreign power or by its agent; or
(b) information, whether or not it concerns a United States person, with respect to a foreign power or foreign territory that relates to—
• the national defense or the security of the United States; or
• the conduct of the foreign affairs of the United States.
(E) The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter:
(i) preliminarily to or in connection with a judicial proceeding;
(ii) at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury;
(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation;
(iv) at the request of the government if it shows that the matter may disclose a violation of State, Indian tribal, or foreign criminal law, as long as the disclosure is to an appropriate state, state-subdivision, Indian tribal, or foreign government official for the purpose of enforcing that law; or
(v) at the request of the government if it shows that the matter may disclose a violation of military criminal law under the Uniform Code of Military Justice, as long as the disclosure is to an appropriate military official for the purpose of enforcing that law.
(F) A petition to disclose a grand-jury matter under Rule 6(e)(3)(E)(i) must be filed in the district where the grand jury convened. Unless the hearing is ex parte—as it may be when the government is the petitioner—the petitioner must serve the petition on, and the court must afford a reasonable opportunity to appear and be heard to:
(i) an attorney for the government;
(ii) the parties to the judicial proceeding; and
(iii) any other person whom the court may designate.
WOW,
HOSTAGE situation has ended. At least 2 hostages dead and gunman are dead….let us pray…
GUUYYYYYYYYYYYSSSSSSS
"The people who began chasing Snowden work for the Associate Directorate for Security and Counterintelligence, according to former U.S. intelligence officers who spoke on condition of anonymity. The directorate, sometimes known as the 'Q GROUP' is continuing to track Snowden."
dang really? I haven't seen it sh'once. Oh well, doesn't hurt to put it out there again.