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Does double jeopardy come into play if a prosecution is thrown out for not being a validly appointment AG, or is it like an annulment where it kind of never happened?
Double jeopardy is not a factor in this situation, because the first jeopardy "does not attach" until a jury is seated and sworn in for trial, or when a guilty plea is accepted. The trial by jury is the "jeopardous" part of the criminal justice process. If the case is tossed before that point for any reason, then there is no jeopardy bar to refiling.
If a trial starts, but ends in a mistrial, then it is usually possible to go to another trial, even though jeopardy "has attached". A mistrial ruling effectively "unwinds" the entire trial like it never happened.
This is what Judge Currie said in her opinion. The indictments didn't happen because they were run entirely by a pretend US attorney.
Well weren’t they falsely indicted on the very last day of the statute of limitations for the crimes in question?
I don’t think double jeopardy would apply, but that would…
(…this is just the opinion of regular guy without formal education or training in the field in question …)
There's like a 6 month grace period after the SoL if there's a problem with the indictment, where they could refile. I'm not sure what issues they're allowed to fix with that grace period, but there is some time there.
Is there not being an indictment a problem with the indictment?
A question I certainly feel pretty much answers itself. Though, with this administration and how they have bent judges to their will before, I haven't the foggiest fucking idea how the courts will answer it.
For Comey's. I was more concerned with these new ones. Like if whatever this power play was they were pulling, if it was hurting their revenge scheme or of it really didn't matter much more than wasted time.