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But I suspect there's a very good reason behind not going to trial and seeking a death penalty, and that's the phenomenon of ‘ graymail .’
The risk of graymail can arise in various circumstances.
Instead, the court's decision, though formally upholding the review requests of the United States and NATO, provides a roadmap for defendants to pursue graymail strategies in the future.
To call this graymail or blackmail is to demonstrate a fundamental misunderstanding of criminal jurisprudence.
Graymail is a defense gambit not available to most criminal suspects.
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