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Cake day: June 26th, 2023

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  • That’s probably accurate that there wasn’t a true bill, but it’s one of those things that I don’t think has actually been tested.

    The specific circumstances where the foreman signed off on the second indictment with 2 charges instead of 3 without the rest of the grand jury suing the exact bill is really weird. But if it weren’t for the statue of limitations it would be an easy remedy - just take it back to the grand jury.

    And if it were a different technical error, there’s a 6- month period after the SoL in which an indictment that’s thrown out of techical grounds can be corrected.

    But the combination of the 2 is unprecedented as far as I know, and there’s a legitimate legal question as to whether it’s a bad indictment that should be thrown on on technical grounds (giving 6 months to re-file) or if it simply wasn’t an indictment at all.

    And now with the whole thing being thrown out because Halligan isn’t actually a US Attorney, it’s even more confusing - especially when it comes to prosecutorial misconduct she may not have committed since she wasn’t actually a prosecutor.

    It’s a fascinating train-wreck.


  • IIRC, an indictment that’s thrown out for procedural errors has 6 months from the SoL expiration to fix the indictment, so long as the original indictment was made before the SoL expired.

    With the question of whether or not the grand jury actually agreed to indict or just the foreman, the more interesting question is whether or not there even is an original indictment to be fixed.

    As with many issues surrounding this administration, I don’t know if we have precedent on something like this. The way they stack up their fuckups on top of each other and make everything legally hazy means they’re either the worst attorneys in America or are really clever. Or, more likely, someone really clever knows how to use one of the worst attorneys in America in an attempt to buy 6 more months to come up with something to justify charging Comey.

    Also, they can also now pretend he did something wrong but got off on a technicality. Now that it’s thrown out on procedural grounds, they don’t have to show their lack of evidence.