Comments on: What Does This Correction Mean?

By: Dan Gillmor

Dan Gillmor — Thu, 22 Jan 2009 18:39:45 +0000

Thanks — I wasn’t clear on this.

By: Seth Finkelstein

Seth Finkelstein — Thu, 22 Jan 2009 11:22:42 +0000

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.

By: Colin Carmichael

Colin Carmichael — Thu, 22 Jan 2009 02:17:56 +0000

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

By: David

David — Wed, 21 Jan 2009 23:41:55 +0000

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/