They may have been confused by you writing, "Here's the indictment. It's quite straightforward." Either way, point is this is yet another NSA thread derailed by a smaller issue (insider trading vs. 4th amendment, domestic spying, etc). It's too bad people choose to engage and let it happen over and over.
I'm not saying that this thread or even HN is a victim of this.
I do want to use this opportunity to contribute that there are NSA programs designed to derail conversations.
As such, it's fairly one-sided. It's just what the prosecutor has presented to a grand jury, and the grand jury has said "yeah, that looks like enough evidence that it's worth having a trial." Note also that grand juries these days pretty much always just rubber-stamp whatever the prosecutor puts in front of them.
"Rather than tread over the ground well-described by my colleagues in the criminal defense bar, today I'd like to describe something else for you: what a federal grand jury proceeding looks like. From 1995 through 2000, I presented cases of varying complexity to federal grand juries as a federal prosecutor in Los Angeles. That experience did not inspire confidence in the process. Rather, it taught me that the adage that a grand jury will indict a ham sandwich is an understatement. A better description would be that the prosecution can show a grand jury a shit sandwich and they will indict it as ham without looking up from their newspapers. The notion that the Supreme Court relies upon — that the grand jury has a "historical role of protecting individuals from unjust persecution" — is not a polite fiction. A polite fiction would have some grounding in reality. It's an offensive fiction, an impudent fiction, a fiction that slaps you across the face and calls your mother a dirty bitch."
http://www.popehat.com/2014/02/27/the-kaley-forfeiture-decis...