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based on your experience it s a move mueller would, indeed, make? that s a great question. i spent 24 of my 30 years prosecuting right here in d.c. i have a little inside baseball when it comes to sealed indictments being filed in the d.c. courts. ordinarily what happens is there are two reasons that prosecutors might file an indictment under seal. the most routine reason is, let s assume we indictme a narcotics conspiracy and there are five defendants. we file it under seal so we don t alert any five defendants they re now being criminally charged. law enforcement will put in place five separate arrest teams so they can go out and simultaneously, as best they can, arrest all five people. then they ll unseal the indictment. that is the most ordinary reason that prosecutors will seal indictments. the other reason is because bob mueller may have been steadily returning indictments but he
heard arguments on that issue. and according to one defense attorney, the very question made a few of the justices nervous. one of the justices said do you really mean you could have law enforcement decide they want to track all nine members of this court? all nine justices to find out where we go in our cars. attorney steven mccar joining me. you were involved in a 2005 case where the issue first came up. tell us about that. tell us how the we got here. well, we got here because my client, antoine jones, was con investigated at retrial of engaging in a narcotics conspiracy. one of the things in the trial and retrial was the warrantless gps device attached without his knowledge or consent to the underside of his jeep cherokee yielded evidence that was improperly seized and searched in violation of the fourth amendment. the trial court disagreed with