Edit: To indict someone, the government has to show the grand jury that there is sufficient evidence. It is very easy to indict someone (hence the phrase “A ham sandwich can be indicted by the grand jury”) but one has to acknowledge the fact that the federal government has very high win rate for the cases that do go to trial (93% in 2012)
Edit2: The above statistic is for the cases that go to trial and plea deals. Only 3% of the cases go to trial.
One argument is obviously that grand juries are pushovers and indeed would literally indict a ham sandwich.
The other argument, hinted above, is that prosecutors only move to indict if they think they have a chance to win at trial. Since the evidentiary standards are much higher for conviction, that means they easily clear the requirements for the grand jury indictment the vast majority of the time.
So more important than whether a case can be won at trial is whether or not a defendant can be pressured into conceding. And in many things it's generally not hard. Imagine you think you have an 80% chance of acquittal at court, which would see you set free immediately. Yet losing at court would see you serve up to 10 years. And the prosecutor offers you 2 years + time served, which with early release means you'll be spending about a month in jail. Even though you are innocent and think there's an overwhelmingly good chance of being able to prove as such, you'd be a fool to do anything except accept the plea.
In some ways I wish plea bargains were not a thing. It'd massively reduce our arrest and imprisonment rate simply because we could not fulfill the constitutional requirement of a speedy trial with millions of people in the system for mostly irrelevant crimes, and it would also avoid this sort of 'loophole' of allowing prosecutors to score convictions even when the defendant felt he would have a good chance of defending himself at trial but is unable to do so due to risk:reward considerations.
 - https://en.wikipedia.org/wiki/Hearsay_in_United_States_law#A...
No, there was an inadvertent mention in a filing made in another case which strongly suggests that there is an indictment in EDVA, which would have to be sealed because no unsealed indictment exists. The indictment itself was not released.
 EDIT: And now it has been and it is.
If anyone else did the same, they'd get the same result for contempt of court. While I respect her peaceful protest, what did she expect?
IMO, Julian deserves a lot harsher sentence than Manning, but what he's been indicted on thusfar, is pretty week with a max federal sentence of only 5 years. I fully expect the prosecution to use this to bargain with him for a plea (and info on Russian election tampering). Their dangle to him would be a whole slew of superceding indictments they'll almost certainly have him dead to rights on. Guccifer 2 has been proven by Mueller's indictments to be a GRU (Russian Military) intelligence operation. Stone, Julian, and Guccifer 2 were all pals. That's not a good place to be when you're in US custody.