Are you fucking kidding? So special attorneys, which have been used by pretty much every administration and every congress since the position was created, are not valid now?
I’m not a law expert, but was the way she dismissed it make it so he can’t be charged again in either another jurisdiction or by the appropriate (in her mind) prosecution team?
I am trying to keep “hopeful” that they’ll stick to their Project 2025 plans in the sense that they’ll try to do it through legal shenanigans and loopholes rather than just sending out the Gestapo and keeping everyone in their homes with machine guns.
The big threat of that would be a dismissal after a jury was sworn. At that point, jeopardy attached, so rebringing the case could be unconditional under the double jeopardy clause [0].
The virtually unappealable way to do this would be to wait until the prosecution finishes their case. At that point, the defense will file a routine motion for a directed verdict that judges routinely deny. The defense gets to do that again after presenting their case. In either case, the judge granting the motion is not apealable.
The judge could wait until after a verdict and issue a judgement not withstanding verdict, but that is appealable.
[0] Not always though. A mistrial from a hung Jury can always be retired. Other forms of mistrial may be retryable depending on the facts.
Are you fucking kidding? So special attorneys, which have been used by pretty much every administration and every congress since the position was created, are not valid now?
I’m not a law expert, but was the way she dismissed it make it so he can’t be charged again in either another jurisdiction or by the appropriate (in her mind) prosecution team?
Yep. Good luck to the Trump administration trying to enforce anything between this an Chevron.
That presumes the law means anything to them.
As this ruling shows, law means nothing to the Republican party.
I am trying to keep “hopeful” that they’ll stick to their Project 2025 plans in the sense that they’ll try to do it through legal shenanigans and loopholes rather than just sending out the Gestapo and keeping everyone in their homes with machine guns.
They just won’t bother with a special prosecutor. They’ll just arrest whoever they want.
Also not an expert, but I don’t think so.
The big threat of that would be a dismissal after a jury was sworn. At that point, jeopardy attached, so rebringing the case could be unconditional under the double jeopardy clause [0].
The virtually unappealable way to do this would be to wait until the prosecution finishes their case. At that point, the defense will file a routine motion for a directed verdict that judges routinely deny. The defense gets to do that again after presenting their case. In either case, the judge granting the motion is not apealable.
The judge could wait until after a verdict and issue a judgement not withstanding verdict, but that is appealable.
[0] Not always though. A mistrial from a hung Jury can always be retired. Other forms of mistrial may be retryable depending on the facts.
I don’t think so, it would have said dismissed with prejudice if so.
Yup, Trump is getting free from his worst case on a novel technicality.
BuT tHe lAw pRoTecTs Us aLL eQuaLlY111