rrufff, plenty of confidential information is passed on to a variety of public sources on a daily basis... everything from Grand Jury testimony in the BALCO (steroids) case to congressmen leaking details of closed-door meetings with the CIA. I guess what it will come down to is how the judge frames the issue to the jury. For example, if this were a jaywalking trial and the judge said if you don't cross a street in a crosswalk or at a street corner you have violated the law, period, you likely will lose even if it was 3am and surveillance cameras showed no cars for hours at that location. If the judge allows the jury some discretion based on intent -- which, considering this is a criminal not civil case, I presume he will -- then anything goes, IMO ( see: Message 20773757 ).
I also want to dispel the notion that once the US Government brings a case to trial it's a slam dunk. OK, if you lie to the government and they can prove it, yes, you are toast. But, IMO, they are woefully inept at getting juries to convict even when, again in IMO, the defendant is guilty as sin. That's why the SEC takes the easy way out most of the time and asks people to promise never to do it again; case closed. For example, check out the Les Price (of Medinah Minerals fame) case which was part of operation Burmuda Short: Message 19788034. This guy has a long track record of, ummm, questionable practices and got off scott free even though others pled guilty to similar charges (and, yes, Elgindy has gone after him as well).
- Jeff |
