Whey Standard
@wheystandard.bsky.social
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Cornell Law ‘14. Financial regulation, law, politics, България, and now featuring fatherhood.
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karenblackpilled.bsky.social
There are lots of functional substitutes for reading The Atlantic, too. For example: what if I slammed my hand into the cutlery drawer
wheystandard.bsky.social
Shockingly, no, it did not. And he’s not even the worst one.
wheystandard.bsky.social
Yeah, I’ve got some bad news about the history of Peace Prize recipients selected by the Norwegian Nobel Committee.
leahmcelrath.bsky.social
Nobel Peace Prize recipient María Corina Machado appeared on Donald Trump Jr.’s podcast.

She touted the oil reserves in Venezuela (the largest in the world) and vowed to privatize the oil industry to enable American corporations to exploit and profit from the country’s resources if she gains power.
wheystandard.bsky.social
Even an indictment by an invalidly empaneled grand jury qualifies as an indictment under 18 USC 3288. See, eg, United States v. Macklin, 535 F.2d 191 (2nd Cir 1976)
wheystandard.bsky.social
As I said “from the date of dismissal”
wheystandard.bsky.social
The US Attorney being improperly appointed absolutely would not bar a new prosecution.
wheystandard.bsky.social
This is like a year old.
wheystandard.bsky.social
Aren't these federal employees acting under color of federal law? I don't think 1983 is available for such a suit, and unless the girl happens to be a person named Webster Bivens, I think there are bigger issues than QI.
wheystandard.bsky.social
There are laws that in some situations do allow SOLs to be extended forever. That said, it wouldn't work in your scenario, because if Halligan's appointment is ruled invalid, the court is not going to accept an indictment from the next person "appointed" the same way.
wheystandard.bsky.social
Yes, it is still a timely returned indictment despite the legal defect, as it was accepted by the court. If a legal defect in the indictment (whether because of who presented it, errors in the elements laid out in it, ect) made it not an indictment, then 18 USC 3288 would be meaningless.
wheystandard.bsky.social
Unless the court says the FVRA is available, and they appoint Todd Blanche acting.
wheystandard.bsky.social
Depends on how long the appeals courts decide to take. Could be mere days, could be years.

The SOL issue is functionally over. If the indictment gets dismissed on this issue, a new SOL starts from the date of dismissal and runs for 6 months from the date of dismissal.
wheystandard.bsky.social
It's possible that the court rules that Section 546(a) is unavailable to the AG because Siebert served 120 days under it and was then appointed by the district court under (d), but that the FVRA remains available to fill the role.
wheystandard.bsky.social
True, and he's done lots of good stuff on supporting indigenous people as well. I could get into negative things, but if I'm honest I mostly just find him unappealing on an aesthetic level, particularly in contrast to his mother. Which is hardly a justification for going at the man.
wheystandard.bsky.social
It's an understandable mistake, dismissal of a federal indictment that was issued before the SOL ran, but that occurs after it has run, is not a common occurrence.
wheystandard.bsky.social
Litigation strategy is typically the prerogative of the lawyers, not the client, but with a sophisticated client in a high-profile case like this, I doubt they would've done it over his objections. They must keep the client's goals in mind, and I'd guess prompt resolution is a goal of Comey's
wheystandard.bsky.social
Again, I get why it's the right move, but if they win the issue at the district court level, it will delay things. That's all I said.
wheystandard.bsky.social
Honestly them not sitting in Pentagon will make their coverage more credible. DOD can send over its clips of Hegseth or Wilson saying some bullshit, folks can e-mail them questions, and they can type out the infantile ridicule they'd normally say to the press. Then the press can go do real reporting
wheystandard.bsky.social
Dismissal of a timely returned indictment, which is what the remedy would be here, adds six months to the statute of limitations from the date of dismissal under 18 USC 3289.
wheystandard.bsky.social
The thing is, in this case the process is meant to be the punishment (I assume Halligan at least understands they will lose at trial), so giving the government an opening to prolong that process, rather than holding them to the speedy trial act's 70 days, might be in the government's favor.