Update on Palin Email Hacking Case

Glenn Reynolds reports that in spite of a grand jury hearing on Tuesday involving the 4 suspects in the hacking attack against Sarah Palin, no indictments were handed down, according to the Knoxville News-Sentinel.

At the center of the FBI's investigation is the son of a prominent Tennessee Democrat, 20-year-old David Kernell and his 3 roommates at the University of Tennessee in Knoxville.

Kernell is the son of Michael Kernell, D-Memphis, who is a member of the Tennessee House of Representatives.

The FBI cited an 'ongoing investigation' as the reason for the delay in handing down indictments against the 4 men. However, it is unusual for there to be a grand jury hearing so quickly in a case such as this, particularly when indictments seemed to be premature.

Orin Kerr at The Volokh Conspiracy, however, explains that the reason the grand jury met so quickly was 'to nail down the testimony of Kernell's 3 roommates.'

Kerr explains that getting the roommates' testimony now, under oath, is a way to insure admissible, credible testimony at a potential trial, should the investigation lead to one.