Today, the US Attorney’s office filed a motion to seal their response to Dickie Scruggs’s effort to set aside his plea in Scruggs II. Recall that his pleading is based on the US Supreme Court decision in Skilling that honest services cases require bribery or the like. Their response apparently includes evidence they would use to show actual guilt, and thus, they allege in the motion to seal, they have included the testimony from two grand jury witnesses. Their motion to seal states that they have filed it…
…for the reason that the memorandum contains references to grand jury testimony and in fact two transcripts of grand jury testimony are attached. The government has no objection to these matters being made public, in the Court’s discretion.
The motion was filed at 11:48 this morning. At 11:49, Judge Davidson entered an order sealing the Government response.
Does anyone else share my curiousity?