Attorneys for an alleged component of Russian trolling efforts during the 2016 presidential election are demanding that special counsel Robert Mueller be forced to reveal the grand jury instructions used in count one of the government’s indictment against Concord Management and Consulting LLC.
The nine-page motion (plus supporting documents) filed with the U.S. District Court for the District of Columbia relies upon Federal Rule of Criminal Procedure 6(e)(3)(E)(ii) which provides:
The court may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand-jury matter…at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury.
The motion further specifies that Concord Management is requesting a private “inspection of the legal instructions provided to the grand jury regarding Count One of the Indictment…in order to determine whether the instructions provided could support a motion to dismiss Count One of the Indictment.”
Concord’s argument is that Mueller failed to include a necessary knowledge requirement in count one of the indictment against Concord Management and other Russian entities and therefore, may need to be dismissed. (A knowledge requirement refers to intent or knowledge of criminal wrongdoing. Thus, an allegedly offending party would have knowledge of the criminality they’re alleged to have engaged in.) The motion notes, “violations of the relevant federal campaign laws and foreign agent registration requirements administered by the DOJ and the FEC require the defendant to have acted ‘willfully,’ a word that does not appear anywhere in Count One of the Indictment.” – READ MORE
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