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A superseding indictment can’t be issued once a trial has started and if it’s issued too close to a trial date it opens up a vindictive prosecution defense.

Grand juries are complicated and can take a long time, if you issue an indictment too soon without having all your ducks in a row the defense can push for a fast trial knowing that the prosecution doesn’t have enough to convict or are at a weak position for a plea deal.

Cases like this are especially complex since whilst it’s easy for anyone to see that something really shady has transpired one would be hard pressed to actually define which laws specifically has he actually broken.

And even more so it would be even harder to gather the evidence required to indict in the first place not to mention get a conviction or a guilty plea.



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