Why it’s unlikely the McCabe grand jury voted against indictment

Why are these other investigations germane to what is happening with the Washington grand jury? Well, sometimes, when a suspect is under scrutiny in multiple investigations, the Justice Department will ask the court to seal any indictments returned by the grand jury. That way, there can be no credible claim that the grand jurors in one case were swayed by allegations filed by another grand jury. Relatedly, sometimes if a grand jury’s investigation has not yet been completed, but a major development in another investigation involving the subject — such as an IG report — is about to occur, the Justice Department will ask the grand jury to file charges, but then seal the indictment. That way, it cannot credibly be said that the grand jury’s decision to indict was swayed by negative publicity surrounding developments in the other investigation.

That is to say, there could be a dozen or more good explanations for why there has been no public announcement of a McCabe indictment. The other investigations could be complicating things. It could be that the Washington grand jury’s investigation is broader in scope than we’ve been led to believe. It could be something as simple as the availability of necessary witnesses, the availability of enough grand jurors to constitute a quorum, or the happenstance that the case is taking more time to present than the defense lawyers and media think it should.