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this post was submitted on 15 Jul 2024
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Are you fucking kidding? So special attorneys, which have been used by pretty much every administration and every congress since the position was created, are not valid now?
I'm not a law expert, but was the way she dismissed it make it so he can't be charged again in either another jurisdiction or by the appropriate (in her mind) prosecution team?
Yep. Good luck to the Trump administration trying to enforce anything between this an Chevron.
That presumes the law means anything to them.
As this ruling shows, law means nothing to the Republican party.
I am trying to keep "hopeful" that they'll stick to their Project 2025 plans in the sense that they'll try to do it through legal shenanigans and loopholes rather than just sending out the Gestapo and keeping everyone in their homes with machine guns.
We should all arm ourselves now. Every single bit of this is unprecedented, in the worst possible way. Better to be safe than staring down the barrel of a Luger.
Counterpoint: if you are staring down the barrel of a Luger, I would suggest NOT doing what they tell you to do.
The Nazis had a habit of forcing someone at gunpoint to do something worse than getting shot. Like telling you to bite the curb, or kill your friend, then they shoot you.
I think we are agreeing with each other. Remember, the only good Nazi is a…
I am, just saying a Luger is a better outcome than slowing dying after your teeth have been shattered and your skull cracked
The gestapo was how the government enforced their legal loopholes and shenanigans.
Sadly they're all for deregulation so it'll be a plus for them :(
They just won't bother with a special prosecutor. They'll just arrest whoever they want.
I don't think so, it would have said dismissed with prejudice if so.
She might just be incompetent and didn't do all the right steps when she threw the case.
Given her argument for dismissing it was that the DOJ was incompetent and didn't use the right kind of prosecutor, that seems fitting.
Also not an expert, but I don't think so.
The big threat of that would be a dismissal after a jury was sworn. At that point, jeopardy attached, so rebringing the case could be unconditional under the double jeopardy clause [0].
The virtually unappealable way to do this would be to wait until the prosecution finishes their case. At that point, the defense will file a routine motion for a directed verdict that judges routinely deny. The defense gets to do that again after presenting their case. In either case, the judge granting the motion is not apealable.
The judge could wait until after a verdict and issue a judgement not withstanding verdict, but that is appealable.
[0] Not always though. A mistrial from a hung Jury can always be retired. Other forms of mistrial may be retryable depending on the facts.
Yup, Trump is getting free from his worst case on a novel technicality.
BuT tHe lAw pRoTecTs Us aLL eQuaLlY111
It’s not even a technicality, it’s something completely made up.