Trump admin seek indictment of James Comey (Update Comey indicted, indictment dismissed, now new indictment) (2 Viewers)

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superchuck500

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This, of course, comes after the previous US Attorney in EDVA Eric Seibert resigned because he didn't think he could sign off on charges against Comey or Letitia James. The new interim US Attorney - who has no relevant background whatsoever and made her name with Trump by doing a review of Smithsonian exhibits that were contrary to MAGA viewpoints - clearly will file charges.

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I don’t care for Comey at all. Actively dislike him. But this is just wrong what they are doing.


I suspect this is simply to satisfy trump, with the expectation that the courts will toss it.
 
I suspect this is simply to satisfy trump, with the expectation that the courts will toss it.
Yes and he gets to “say we tried”

And this gets added to the long and growing “that’s illegal”, “that’s unconstitutional” “you can’t do that” list

And other than going on the list there is no consequence at all for any of it
 
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A question for the legal folks out there.

Not that I expect this to happen, but it's more of a "teach me about the law" moment.

If the judge were selected for the trial, and he determined that there was a problem with the indictment, and ordered the DOJ to redo the indictment on, say, Thursday. Would they be time barred from redoing the indictment since the statute of limitations had passed that point? Or would the fact that they had already done it, and just had to redo it give them the ability to return to the grand jury after the SOL had passed?
 
A question for the legal folks out there.

Not that I expect this to happen, but it's more of a "teach me about the law" moment.

If the judge were selected for the trial, and he determined that there was a problem with the indictment, and ordered the DOJ to redo the indictment on, say, Thursday. Would they be time barred from redoing the indictment since the statute of limitations had passed that point? Or would the fact that they had already done it, and just had to redo it give them the ability to return to the grand jury after the SOL had passed?

I'm not educated on that specific question (whether a defective indictment can be cured and not be considered time-barred if the cure is after the limitations runs) - but my suspicion would be that no, if the indictment rendered before the limitations runs is defective and the prosecution tried to cure that after the limitations runs, it is probably time-barred.

There's also this question of whether she was even validly appointed - as the National Review (that old liberal rag) points out in this piece. As she was the only counsel of record, the only name on the indictment, and the only DOJ attorney at the grand jury, that seems to be a problem for this prosecution.

 
I'm not educated on that specific question (whether a defective indictment can be cured and not be considered time-barred if the cure is after the limitations runs) - but my suspicion would be that no, if the indictment rendered before the limitations runs is defective and the prosecution tried to cure that after the limitations runs, it is probably time-barred.

There's also this question of whether she was even validly appointed - as the National Review (that old liberal rag) points out in this piece. As she was the only counsel of record, the only name on the indictment, and the only DOJ attorney at the grand jury, that seems to be a problem for this prosecution.

That and the vindictive and selective prosecution.
 

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