Prosecutors say it is clear Balducci was referring to money. Scruggs claims that a federal prosecutor who asked Balducci if he was using the term “sweet potatoes” to refer to money did not sufficiently clarify the issue.
Balducci responded, “I think I did.”
“The Government can only mount this tepid defense of its grand jury questioning in the first place because the Court and all the parties now have transcripts of the Nov. 1, 2007, transcript, and can follow along with the Government’s explanation of what it was allegedly trying to do,” Graves said.
“But a grand juror hearing Balducci’s false testimony would not – indeed, could not – understand that Balducci had earlier made the ‘sweet potatoes’ reference only one time, and did so instead of (in his own mind, apparently), not in addition to, his allegedly specific reference to the $10,000”
Also at issue are any statements Scruggs made in reference to an order being drawn for Lackey to sign.