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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I heard it also came out that there was some period of time that she was alone with the GJ without a court reporter present, so the record is incomplete. This is a very big no-no.

It sounds like the judge is not inclined to see her appointment as proper, and since she couldn’t find anyone to appear with her and sign the indictment with her, that would make Comey’s indictment over and done with as the SOL has run.

Incredible lack of professionalism from the Hooligan. Can’t believe Bondi didn’t even help her to do better. [/quote]

This sounds significant. For non criminal lawyers, can you explain more about what happened and what it means? TIA. [/quote]

If her appointment is faulty, and she is the only attorney who signed the indictment and presented the evidence to the grand jury which caused them to issue a true bill of indictment, then it is like she is a man off the street who had no legal authority to be in that room with the grand jurors and the indictment is rendered null and void. In Comey’s case, she presented the case to the grand jury the very last day before the SOL = statute of limitations ran out. This means the case would be dead, because you cannot get a do-over on the SOL, it’s a line in the sand.

A special federal judge was brought up from one of the Carolinas (I think?) to hear the motions challenging her appointment, because the judges in the EDVA (Eastern District of Virginia) were all deemed conflicted on that issue because they hear all kinds of cases from the office which at present this Hooligan (sorry I don’t respect the pageant US Attorney) leads. From what I’ve heard about the arguments and the judge’s questions of counsel, it sounds like the judge is very skeptical of Hooligan’s appointment.

Why is Hooligan’s appointment being challenged? Because Trump has relied on interim appointments in order to avoid Senate confirmations, and interim appointments are limited to 120 days before they must be confirmed.

The prior US Attorney for EDVA that Trump appointed interim was an actually qualified lawyer who refused to bring the Comey case to a grand jury, instead following the exhaustive memo of the career line prosecutors in the office who set forth in detail all the reasons there was insufficient evidence to charge the case because there was not enough to meet the beyond reasonable doubt standard at trial and it is the ethical mandate of prosecutors to never charge without good faith belief they’ve met that standard. So Trump told that guy resign or be fired, and he resigned.

Trump then put one of his personal lawyers, one with no real criminal experience whatsoever (she was an insurance lawyer before joining his classified documents case team) and who was in charge of removing mentions of slavery and other things Trump doesn’t like from the various Smithsonian institutions and federal agencies, into the position of US Attorney for EDVA, one of the most active districts in the nation. She’s never ever ever prosecuted a single criminal case. And he appointed her as the new interim to replace ethical guy who resigned. And she made a bunch of really bad rookie mistakes handling the case, of course.

But here’s the THING: if an interim goes beyond 120 days and isn’t confirmed and the position becomes vacant, the rules say that the judges get to appoint a new US Attorney, the president/DOJ can’t just put another interim into the job.

AG Eva Blondi has tried to fix this by ‘retroactively’  appointing Hooligan as a special prosecutor- but you can’t do that, either. These people are lawless idiots.

Anyhoo, I think we are likely to hear before turkey day that Hooligan is not a real US Attorney (Bwahahaha! DUH) and Comey’s case in done. Finis.

And they will have to go back and try again with the indictment of Letitia James, using a real prosecutor duly authorized to bring it to a grand jury.[/quote]

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