Lindsey Halligan, and the dog that ate the transcript.

JSRG said:

It's more than just fixing technical defects. The statute says:

Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.

"For any reason" is not limited to technical defects; it means, as it says, for any reason.

It does, however, offer an exception at the end, where it says "This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution." There are things that would "bar a new prosecution", such as if it's dismissed with prejudice (which means it can't be brought again), but the case wasn't dismissed with prejudice. The statute's broad language ("any reason") shows that it applies to a lot more than just what one could deem "technical problems."

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Thanks for the correction and even more for the relevant citation.

Factotum said:

A group known to be populated by people who enjoy how Democrats hate our nation and love lawfare onto Trump, do wrongly deem the judge as acting without bias or favoritism.

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Do you state that Democrats hate your nation with this post? Otherwise I don't see how it makes sense.

Factotum said:

...do wrongly deem the judge as acting without bias or favoritism.

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Kindly provide evidence of this bias or favoritism you assert.

-- A2SG, be nice to actually see any....

A2SG said:

Kindly provide evidence of this bias or favoritism

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Nah. I think I'll pass.
I have grown weary via.. the "James Comey Dec 2016 - Jan 2017" tactics that are continually used against my posts here.

Factotum said:

Nah. I think I'll pass.
I have grown weary via.. the "James Comey Dec 2016 - Jan 2017" tactics that are continually used against my posts here.

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Allegations that can't be supported with evidence are probably false, thanks for the confirmation.

-- A2SG, no need to play the victim; if you can't back up your claims with evidence, it's probably best to not claim them in the first place....

Unprecedented errors are eroding the credibility of Trump's Justice Department


In a subsequent legal opinion, a federal magistrate judge said the errors were part of a broader pattern of unprecedented prosecutorial missteps, resulting in a 21% dismissal rate of the D.C. U.S. Attorney's office's criminal complaints over eight weeks, compared to a mere 0.5% dismissal rate over the prior 10 years.

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These mistakes are causing department attorneys to lose credibility with federal courts, with some judges quashing subpoenas, threatening criminal contempt and issuing opinions that raise questions about their conduct. Grand juries have also in some cases started rejecting indictments, a highly unusual event since prosecutors control what evidence gets presented.

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A federal judge in November dismissed the charges against Comey, finding the indictment was secured by an unlawfully appointed U.S. Attorney who was hand-picked by Trump after her predecessor expressed concerns about the strength of the evidence against Comey and New York Attorney General Letitia James.

Even before that ruling, the case was troubled: A magistrate judge said he uncovered a plethora of errors by U.S. Attorney Lindsey Halligan, from misstatements of law to the grand jury, to possible misconduct that included presenting evidence to grand jurors that was not filtered to remove privileged materials between Comey and his attorney.

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At least some of the legal blunders are being caused by a loss of institutional knowledge, legal experts said.

From January through November, public records show the department has lost more than 2,900 attorneys - triple the number of those who left in each of the previous four years.