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8/9/13, "President Obama's Surprise Revelation of Sealed Benghazi Indictment," ABC News, Mike Levine
"President Obama surprised aides when he revealed today the existence of a
sealed indictment in the Benghazi, Libya, attack, leaving some
wondering if he crossed a legal line.
At a press conference at the White House, President Obama was asked
whether justice would come to those responsible for the terrorist attack
nearly a year ago in Benghazi, Libya, that killed four Americans,
including the U.S. ambassador.
"[W]e have informed, I think, the public that there's a sealed
indictment," the president responded. "It's sealed for a reason. But we
are intent on capturing those who carried out this attack, and we're
going to stay on it until we get them."
That marked the only official confirmation so far of a sealed indictment
in the Benghazi case. For days, officials across the law enforcement
and intelligence communities have refused to publicly confirm reports of
a sealed indictment.
After all, according to federal law, "no person may disclose [a sealed]
indictment's existence," and a "knowing violation … may be punished as a
contempt of court." Contempt of court carries a maximum sentence of six
months in jail....
In fact, though, the president is effectively immune from breaking the
law when it comes to a sealed indictment, according to a former
prosecutor in the Justice Department's Public Integrity Section. "The [president], by virtue of his position, can't violate any non-disclosure/confidentiality rule," said Peter Zeidenberg, now in private practice in Washington. "One of the perks of being the
head of the executive branch: Nothing he says is technically a leak. If
he does it, it is authorized."
However, Zeidenberg acknowledged "an argument could be made that a sealed matter can only be unsealed by a court."...
After the president's remarks, a spokesman for the U.S. Attorney's
Office in Washington, where the sealed indictment is believed to have
been filed, still declined to comment about reports of a sealed
indictment in the Benghazi probe. An email asking specifically about the
president's remarks was not immediately returned.
Despite the president's chosen words, a White House official insisted he
"was simply referencing widely reported information and was not asked
about, nor did he comment on any specific indictment."
A Justice Department spokesman declined to comment." via Free Republic
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