What Does This Correction Mean?

0 Comments on “What Does This Correction Mean?”

1. #1 David
   on Jan 21st, 2009 at 4:41 pm

   Brooks incorrectly wrote that Blagojevich was “indicted.” He has not (yet) been indicted. Rather, he was charged by complaint. Under the Federal Rules of Criminal Procedure, prosecutors cannot bring a defendant to trial on a mere complaint. Rather, there must first be either a preliminary hearing or an indictment by a grand jury. Prosecutors have stated that a grand jury is currently meeting and will likely issue an indictment. More here:

   http://www.ticklethewire.com/2008/12/31/prosecutors-want-more-time-to-file-indictment-against-gov-blagojevich/

2. #2 Colin Carmichael
   on Jan 21st, 2009 at 7:17 pm

   It means just what it says: Rosa Brooks described Blagojevich as “indicted” when he has only been “charged.” Only grand juries can issue indictments while prosecuting attorneys can lay charges.

   ref: http://en.wikipedia.org/wiki/Indictment#United_States

   Federal prosecutors had 30 days to bring an indictment after the criminal complaint was filed in December – but a Judge extended that deadline for three months. It could be March before Blagojevich is actually indicted.

   ref: http://www.google.com/hostednews/ap/article/ALeqM5hVNAcA-xtCA6PKQ8h5s7dBlD_BKwD95H5A0G0

3. #3 Seth Finkelstein
   on Jan 22nd, 2009 at 4:22 am

   http://www.latimes.com/news/nationworld/nation/la-na-blagojevich6-2009jan06,0,7972612.story

   “Federal prosecutors have been granted an extra three months to seek an indictment of Illinois Gov. Rod Blagojevich.”

   I am not a lawyer, but I think “charged” == you’re formally accused of X, and “indictment” == formal document with initial evidence you did X.

   Generally charges are presented with an indictment, but I think the point is in this case is the two got separated due to the way the arrest had to be done immediately.

   Again, this is not legal advice.

4. #4 Dan Gillmor
   on Jan 22nd, 2009 at 11:39 am

   Thanks — I wasn’t clear on this.