The following excerpt is from United States v. Brooks, No. 19-1585 (2nd Cir. 2020):
There was no "clear abuse of discretion" - nothing "arbitrary and irrational" - in the district court's decision to admit evidence about the ATF investigations and the two grand jury proceedings. United States v. Gupta, 747 F.3d 111, 132 (2d Cir. 2014) (internal quotation marks omitted). While not determinative, the fact of a grand jury proceeding is logically related to whether such a proceeding was foreseeable. Moreover, the government was required to show that the "official proceeding" was federal in character, see 18 U.S.C. 1515(a)(1)(A), and was
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