<snipped for focus>Yes, on reading further, one appeals judge agreed. But was in the minority.
So, three out of 4 judges declined to sign arrest warrants.
From the 8th Circuit Court's decision on the arrest warrants that you posted above, it sounds to me like all four of the judges agreed that there was probable cause for the arrest warrants, but that "the government has failed to establish that it has no other adequate means of obtaining the requested relief."
So to me, the decision wasn't based on not having probable cause for the arrests, but on the latter issue that I bolded above from the Appeal Court's decision.
Perhaps @PrairieWind can provide us, as an attorney, with an understanding of what that means. As a non-lawyer, it sounds to me that the Court's decision was made on a kind of technicality, and not on the issue of probable cause.
Since "probable cause" was not the issue, it appears, then taking the case to a grand jury seems appropriate.
BBM
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