I understand the frustration but I want to push back a bit.
It's never a good idea to look at laws from what happens in extreme circumstances.
The DOJ is not supposed to operate this way and it usually doesn't. It's not really a loophole it's a way to prevent defendants to run out the clock on indictments by abusing the appeal process or getting of on an honest but benign mistake from the prosecutor.
I also would take heart out of the following. The facts of this indictment were so flimsy Halligan despite lying about the law to the GJ only succeeded to convince 14 out of 23 people to approve 2 of the 3 charges, this while she was the only one presenting the case, no judge, no defense lawyer.
I find it highly unlikely that a different prosecutor will fare any better and the chance that they'll be able to convict near nil.
My biggest regret is that this means it's likely all the misconduct of Halligan now becomes harder to prove because the case as it is now is likely dead. And I would have enjoyed her trying to defend all this in front of the bar.
All relevant. Thank you!
But I did hear some lawyers say that the trial judge would make that decision....
AND say it is possible....
that because Lindsey Halligan never held the prosecutor position legally, and did not have another prosecutor with her that was legitimate, the case and the indictment, actually never legally existed....there never was legally a case brought....
It wasn't like the prosecutor brought an indictment, and they made a mistake or two with the grand jury so the case was dismissed.... They said this was not a technical, or paperwork, or procedural error....which would give the extension of 6 months to indict after the dismissal....
But that this was a case where those kind of mistakes were not even looked at, this dismissal was because it could not be considered as a legal indictment in the first place, because she was NOT legally in a prosecutor position.
Now, because of this, the legal beagles said ....the law we were going over, may not be able to be utilized to give them a 6 month extension on limitation....because of Halligan's illegal appointment, the case was never legally brought....
Hmmmm??? Worth considering imho! Anyway, that is likely Comey's legal team's argument.
Then, there is Trump appealing her illegal appointment ruling to the SC, and with them...ya never know....
