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Political Discussion
Reply to "James Comey Indictment"
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[quote=Anonymous][quote=Anonymous]I see reports that the DOJ has 6 months to fix the error even if the statute of limitations ran out. Is that correct, legal people?[/quote] There is a statute that extends the SoL by 6 months where an otherwise timely indictment is dismissed after the SoL has run, but whether they could actually use it depends on the reason for the dismissal. If it gets dismissed because there was never a proper indictment, then controlling 4th Circuit precedent says they cannot refile under that statute. If it gets dismissed under the vindictive prosecution claims, the other misconduct claims, or the literal truth claims, then I expect the judge would dismiss with prejudice and they could not refile. If it's under the Lindsay's appointment is illegal theory, I could see it going either way. [/quote]
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