Quote:
Originally Posted by Andrew1975
My guess is that whatever AUSA was working on this case never even asked for an indictment. As Peter said, they just decided not to pursue it further, and a judge had nothing to do with it. When this whole fiasco was the hot topic on Blowout (when the investigation would have been most active), US District Court GJs were almost completely shut down due to COVID, and even much more serious investigations came to a grinding halt because there were no available GJs to hear testimony. If this major (years long) delay had anything to do with the decision to not seek an indictment, or if they just decided that they didn't feel they would win at trial, I guess we will never know...
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I would also guess that without cooperating witnesses, the AUSA may have felt that given a reasonable doubt standard, and strict evidentiary requirements, it may have been too difficult a case to feel pretty certain about which is what a prosecutor wants. People seem to be under the misconception a prosecutor could have just introduced the BODA threads. Doesn't work that way. It's also possible that a judgment was made that in the scheme of things it wasn't a priority.