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Originally Posted by Barcey
Sorry, I messed up somehow and the link to the full Reuters article wasn't working. I've added it in now.
www.reuters.com/article/2013/05/23/us-usa-apple-ebooks-idUSBRE94M19A20130523
I was talking about other sections in the article which said:
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In an unusual move before a trial, a federal judge expressed a tentative view that the U.S. Justice Department will be able to show evidence that Apple Inc engaged in a conspiracy with publishers to increase e-book prices.
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"I believe that the government will be able to show at trial direct evidence that Apple knowingly participated in and facilitated a conspiracy to raise prices of e-books, and that the circumstantial evidence in this case, including the terms of the agreements, will confirm that," Cote said.
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I've read the article before, and I've even posted the quote from the judge in post #91. I know what she said, but her words don't mean that she had made up her mind about the case. Source:
http://www.law.cornell.edu/rules/frcrmp/rule_5.1
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Rule 5.1 Preliminary Hearing
(a) In General. If a defendant is charged with an offense other than a petty offense, a magistrate judge must conduct a preliminary hearing unless:(1) the defendant waives the hearing;
(2) the defendant is indicted;
(3) the government files an information under Rule 7(b) charging the defendant with a felony;
(4) the government files an information charging the defendant with a misdemeanor; or
(5) the defendant is charged with a misdemeanor and consents to trial before a magistrate judge. [...]
(f) Discharging the Defendant. If the magistrate judge finds no probable cause to believe an offense has been committed or the defendant committed it, the magistrate judge must dismiss the complaint and discharge the defendant. A discharge does not preclude the government from later prosecuting the defendant for the same offense.
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The "unusual" comment seems to be due to the fact that this is usually done by a magistrate judge, and not a district judge. But considering the high profile of the case letting her assistant judge handle the preliminary hearing wouldn't necessarily be the best idea.
The point of the hearing is to decide if there is probable cause for a trial. The judge found that there was, and produced a statement.