Things unfolded rapidly this afternoon.
At 4:00pm word came from Bill Quigley, attorney for MGM, that the government had filed a notice that it would not oppose the release of Greg, Michael and Megan pending resentencing. The government’s notice was interesting—it included notice to the court that, when resentencing did happen, the government would not be seeking terms of imprisonment greater than the time already served. But, the prosecutor said, the court could not release the defendants unless it determined their were “extraordinary circumstances.” The government’s brief went on to note the issues cited by the defendants did not constitute ordinary circumstances. There was a way, though, the government pointed out, under a different statute, and then noted that another court had ruled keeping a defendant unjustly incarcerated beyond the time they would be expected to serve would be an extraordinary circumstance. “We defer to the Sixth Circuit” said the government.
Then, just after 7:00pm this evening, the Sixth Circuit ordered the immediate release of Megan, Greg and Michael on their own recognizance. The order is not available at this time, but the word from Quigley is reliable. In a delightful serendipity, Monday is Greg Boertje-Obed’s birthday—with any luck, he will be home to celebrate it with his family!