Rov_Scam
7hr ago
The state can still charge. The defendant can remove the case to Federal court, but the state would still be prosecuting,. just with a Federal judge and Federal jury. The advantage is that the judge would theoretically be more neutral and the jury would be drawn from a larger geographic area, but this is more of a consolation prize than anything . For instance, there would be a better argument for change of venire with a Hennepin County jury than with a jury that would be drawn from the entire district.
Yeah, they can do that, but it's an argument and it might not win. The issue is that if he wanted to make that argument he'd have to surrender to Minnesota authorities and potentially spend a long time in prison while he waits for a hearing, at which point the judge might reject the argument. If he wants to remove the case to Federal court he'd have to file that motion and wait for the case to get on a trial calendar before he could even file the immunity motion.
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