• @dogslayeggs@lemmy.world
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    1424 months ago

    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?

    • Flying Squid
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      524 months ago

      So special attorneys, which have been used by pretty much every administration and every congress since the position was created, are not valid now?

      Yep. Good luck to the Trump administration trying to enforce anything between this an Chevron.

      • @PugJesus@lemmy.world
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        764 months ago

        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.

        • Flying Squid
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          204 months ago

          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.

          • Jessica
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            244 months ago

            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.

            • peopleproblems
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              134 months ago

              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.

              • Jessica
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                14 months ago

                I think we are agreeing with each other. Remember, the only good Nazi is a…

                • peopleproblems
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                  14 months ago

                  I am, just saying a Luger is a better outcome than slowing dying after your teeth have been shattered and your skull cracked

    • @ralphio@lemmy.world
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      174 months ago

      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?

      I don’t think so, it would have said dismissed with prejudice if so.

        • Schadrach
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          24 months ago

          Given her argument for dismissing it was that the DOJ was incompetent and didn’t use the right kind of prosecutor, that seems fitting.

    • @homura1650@lemm.ee
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      154 months ago

      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.

    • @Maggoty@lemmy.world
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      64 months ago

      Yup, Trump is getting free from his worst case on a novel technicality.

      BuT tHe lAw pRoTecTs Us aLL eQuaLlY111