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Notes -
New updates in the Comey and James cases. Both indictments dismissed because Lindsey Halligan was not lawfully appointed as United States Attorney for the Eastern District of Virginia and so all her actions as such are void and without effect. Comey and James opinions. Though the two are substantially identical, having both been authored by the same judge. These dismissals are without prejudice meaning the government can try and secure further indictments. Although, in Comey's case this faces some additional hurdles since the statute of limitations for his offense expired several days after the first indictment against him was secured.
Note that a similar dispute is playing out in New Jersey with respect to the appointment of Alina Habba as United States Attorney for the District of New Jersey and in Nevada with respect to Sigal Chattah's appointment as United States Attorney for the District of Nevada. These cases are a little more complicated than Halligan's due to implications of the Federal Vacancies Reform Act but they arose due to circumstances like what Halligan is facing now.
At the heart of these disputes is 28 USC 546 which provides:
The dispute is principally about whether the Attorney General is permitted to make successive 120-day appointments or whether the Attorney General gets a single 120-day appointment and then when that expires the District Court makes the appointment as to who shall be United States Attorney. In Halligan's case Erik Siebert had already been appointed for 120 days earlier this year and was appointed by the district court upon expiration of that appointment. He then resigned under pressure to prosecute James and Comey, whereupon Bondi purported to appoint Halligan under 28 USC 546. Naturally, the court finds that Attorney General Bondi has had her 120 day appointment and so authority to appoint a new USA for EDVA lies with the district court.
A lot of IMO naive discussion under this post. Lawfare is a rigged game and discussing bias political outcomes as if they were normal legal procedures is silly.
Trump: “2+2=4”
Judge: “Actually, 2+2=5. Case dismissed!”
Commentariat: “How could Trump screw up this badly? Why doesn’t Trump have competent lawyers? Does Trump hire too many bimbos? Why was his 2+2=4 case so weak?”
Etc etc
So…why do you think Trump’s the one saying “4”?
On the "judges get to do what they want, actual justice gets to suck it" front and related to the thread you dislike below, a Hennepin County judge overturned a jury's verdict in one of the Somali fraud cases. The judge doesn't seem to have released any information beyond the overturn and acquittal, here's news agency commentary:
To my non-lawyery ear this sounds a lot like "vibes" and the jury should've known better nudge nudge wink wink.
Oh, that sounds pretty spicy.
I was able to get at the judge’s order by following these instructions. It appears the prosecution did a great job convicting the defendant’s brother. That might be good enough for some people, but it’s apparently not sufficient under MN law.
As I understand it, though, because the case can be appealed, the state gets another shot at proving it.
annnnnnnnd Rov_Scam beat me to it.
While this is one of the few times a state can appeal an acquittal, appeals primarily review mistakes of law. The state does not get a do-over unless they can successfully persuade the appeals court about that first. I think Rov_Scam is being far too deferential to the judge, here -- there's a lot of judicial 'I could imagine alternative explanations' in that order -- but the standard to retry is so high I would be very surprised if they get a second go.
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