Frank Bowman
@frank-bowman.bsky.social
Lawyer. Professor. Legal historian.
High Crimes & Misdemeanors: A History of Impeachment for the Age of Trump https://www.amazon.com/High-Crimes-Misdemeanors-History-Impeachment/dp/1009400975
High Crimes & Misdemeanors: A History of Impeachment for the Age of Trump https://www.amazon.com/High-Crimes-Misdemeanors-History-Impeachment/dp/1009400975
I like the argument. Not 100% sure it will be sufficient standing alone. But it subtly implies an argument about improper motive for the prosecution into the technical procedural contention.
Note also that Comey's lawyers have argued that DOJ is wrong as to 18 U.S.C. 3288's applicability here. From their reply: storage.courtlistener.com/recap/gov.us...
![In any event, Section 3288 would not allow the government to reindict Mr. Comey if the
indictment were dismissed. The grace period is triggered only if an "indictment is found," 18
U.S.C. § 3282; but here, the purported indictment was void ab initio. And the government cannot
"grant itself a six-month extension of the statute of limitations... simply by filing a patently defective and meaningless charging document." United States v. Gatz, 704 F. Supp. 3d 1317, 1330
(S.D. Fla. 2023). Moreover, Section 3288 states that "[t]his section does not permit the filing of a new indictment... where the reason for the dismissal was the failure to file the indictment ... within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution." Id. (emphasis added). That proviso applies here. Using an illegal appointment to procure an indictment days before the statute of limitations expires thus depriving a person of repose—is precisely the type of "reason" that must "bar a new prosecution"
under Section 3288.
Indeed, Section 3288 expressly precludes reindictment when the first
indictment was filed after expiration of the statute of limitations. To give that provision meaning, the statute must also bar new prosecutions when a void purported indictment is secured simply to
prevent the statute of limitations from expiring. Any other reading would "obliterate the statute
of limitations." United States v. Clawson, 104 F.3d 250, 252 (9th Cir. 1996).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreifq2zipxzqczadwskjunweexi2mlfvgsf4udfivmnjuhedrpqoxu4@jpeg)
November 26, 2025 at 1:04 AM
I like the argument. Not 100% sure it will be sufficient standing alone. But it subtly implies an argument about improper motive for the prosecution into the technical procedural contention.
Reposted by Frank Bowman
The good news: the president has pardoned the turkey.
The bad news: two hours later the turkey was arrested for running a ponzi scheme and committing acts of gross sexual imposition.
The bad news: two hours later the turkey was arrested for running a ponzi scheme and committing acts of gross sexual imposition.
November 25, 2025 at 1:38 PM
The good news: the president has pardoned the turkey.
The bad news: two hours later the turkey was arrested for running a ponzi scheme and committing acts of gross sexual imposition.
The bad news: two hours later the turkey was arrested for running a ponzi scheme and committing acts of gross sexual imposition.
In the before times, one would have thought so.
But Trump picked a duty and honor fight w/ John McCain and somehow convinced MAGA that he was a contemptible RINO.
There is no obvious bottom to the susceptibility of Trump's base to libelous propaganda.
But Trump picked a duty and honor fight w/ John McCain and somehow convinced MAGA that he was a contemptible RINO.
There is no obvious bottom to the susceptibility of Trump's base to libelous propaganda.
Imagine picking fights about duty and honor with this man.
They’re so fucking stupid.
They’re so fucking stupid.
November 24, 2025 at 7:51 PM
In the before times, one would have thought so.
But Trump picked a duty and honor fight w/ John McCain and somehow convinced MAGA that he was a contemptible RINO.
There is no obvious bottom to the susceptibility of Trump's base to libelous propaganda.
But Trump picked a duty and honor fight w/ John McCain and somehow convinced MAGA that he was a contemptible RINO.
There is no obvious bottom to the susceptibility of Trump's base to libelous propaganda.
Doubtful that Trump can get anyone at DOJ - even this degraded DOJ - to bring such cases.
But if it happens, while annoying to 6 Dems, it's losing strategy.
Cases will get publicly tossed. Loss will follow humiliating loss.
"Flood the zone" doesn't work if endless defeat demonstrates impotence.
But if it happens, while annoying to 6 Dems, it's losing strategy.
Cases will get publicly tossed. Loss will follow humiliating loss.
"Flood the zone" doesn't work if endless defeat demonstrates impotence.
“Within the White House, Trump and his lieutenants aren’t planning on letting up…Trump has told some advisers that he wants RICO prosecutions and conspiracy charges leveled against the six Democrats, a source with direct knowledge of the matter tells Zeteo…
zeteo.com/p/how-we-gre...
zeteo.com/p/how-we-gre...
November 24, 2025 at 7:43 PM
Doubtful that Trump can get anyone at DOJ - even this degraded DOJ - to bring such cases.
But if it happens, while annoying to 6 Dems, it's losing strategy.
Cases will get publicly tossed. Loss will follow humiliating loss.
"Flood the zone" doesn't work if endless defeat demonstrates impotence.
But if it happens, while annoying to 6 Dems, it's losing strategy.
Cases will get publicly tossed. Loss will follow humiliating loss.
"Flood the zone" doesn't work if endless defeat demonstrates impotence.
1/2 Because dismissed w/out prejudice, possible that 18 USC 3288 would permit refiling despite expiration of statute of limitations. Question is whether reason for dismissal is deemed "some other reason that would bar a new prosecution."
www.politico.com/news/2025/11...
www.politico.com/news/2025/11...
Comey, James cases dismissed as judge disqualifies interim US attorney Lindsey Halligan
A judge concluded Halligan’s appointment violated laws that limit the ability of DOJ to install top prosecutors without Senate confirmation.
www.politico.com
November 24, 2025 at 6:14 PM
1/2 Because dismissed w/out prejudice, possible that 18 USC 3288 would permit refiling despite expiration of statute of limitations. Question is whether reason for dismissal is deemed "some other reason that would bar a new prosecution."
www.politico.com/news/2025/11...
www.politico.com/news/2025/11...
Doesn't stand a chance in Marge's district. Can't even spring for a modern automatic weapon at his own wedding.
Colton Moore is the state senator for Greene’s district. My guess is he’s probably going to run for her seat. From his wedding …
November 23, 2025 at 5:40 PM
Doesn't stand a chance in Marge's district. Can't even spring for a modern automatic weapon at his own wedding.
Reposted by Frank Bowman
Boston's Mayor Wu playing with Yo-Yo Ma at Symphony Hall
November 23, 2025 at 5:11 AM
Boston's Mayor Wu playing with Yo-Yo Ma at Symphony Hall
It is difficult to avoid conclusion that this slap-dash, Russia wins, Ukraine-has-to-submit-by-Thxgving "peace" plan is direct result of Trump's domestic defeats in elections, on Epstein & in courts.
He has neither principles nor coherent foreign policy.
He's losing. So he must change the subject.
He has neither principles nor coherent foreign policy.
He's losing. So he must change the subject.
November 21, 2025 at 8:54 PM
It is difficult to avoid conclusion that this slap-dash, Russia wins, Ukraine-has-to-submit-by-Thxgving "peace" plan is direct result of Trump's domestic defeats in elections, on Epstein & in courts.
He has neither principles nor coherent foreign policy.
He's losing. So he must change the subject.
He has neither principles nor coherent foreign policy.
He's losing. So he must change the subject.
Reposted by Frank Bowman
In working on Trump chpter of my upcoming pardon book, was reminded that abt 2/3 of commutations Trump awarded in last wks of his 1st term (57 in all) went to serious drug traffickers.
Then: Multi-decade sentences for nonviolent drug crime are unjust.
Now: Skip prison. Just kill them from the air.
Then: Multi-decade sentences for nonviolent drug crime are unjust.
Now: Skip prison. Just kill them from the air.
November 20, 2025 at 6:20 PM
In working on Trump chpter of my upcoming pardon book, was reminded that abt 2/3 of commutations Trump awarded in last wks of his 1st term (57 in all) went to serious drug traffickers.
Then: Multi-decade sentences for nonviolent drug crime are unjust.
Now: Skip prison. Just kill them from the air.
Then: Multi-decade sentences for nonviolent drug crime are unjust.
Now: Skip prison. Just kill them from the air.
1/2 Interesting. I didn't know about this statute, 18 usc 3288, either. It would (perhaps) permit refiling if case dismissed for technical reason like Hannigan's defective appointment. Maybe not if court determined that 2d indictment not seen by GJ wasn't "filed" at all.
/2 There’s a statute that revives and extends the statute of limitations if an indictment is dismissed.
www.law.cornell.edu/uscode/text/...
www.law.cornell.edu/uscode/text/...
November 20, 2025 at 4:08 PM
1/2 Interesting. I didn't know about this statute, 18 usc 3288, either. It would (perhaps) permit refiling if case dismissed for technical reason like Hannigan's defective appointment. Maybe not if court determined that 2d indictment not seen by GJ wasn't "filed" at all.
Layers of irony in Comey prosecution, if stacked one on the other, would fill Grand Canyon.
Comey should win cuz this case is meritless, vindictive & a procedural mess. But Trump won in 2016 in part due to Comey's repeated arrogant disregard of DOJ procedures.
Trump shld be sending him flowers.
Comey should win cuz this case is meritless, vindictive & a procedural mess. But Trump won in 2016 in part due to Comey's repeated arrogant disregard of DOJ procedures.
Trump shld be sending him flowers.
November 20, 2025 at 1:36 AM
Layers of irony in Comey prosecution, if stacked one on the other, would fill Grand Canyon.
Comey should win cuz this case is meritless, vindictive & a procedural mess. But Trump won in 2016 in part due to Comey's repeated arrogant disregard of DOJ procedures.
Trump shld be sending him flowers.
Comey should win cuz this case is meritless, vindictive & a procedural mess. But Trump won in 2016 in part due to Comey's repeated arrogant disregard of DOJ procedures.
Trump shld be sending him flowers.
Reposted by Frank Bowman
Pat Bagley, Salt Lake Tribune
November 20, 2025 at 1:03 AM
Pat Bagley, Salt Lake Tribune
If this is how it went down, it was sloppy rubbish. But so long as language in 2 counts of new indictment was identical to language of 2 counts of old indictment approved by GJ, I doubt it's fatal error.
But it adds to aura of rushed, biased ineptitude. May make dismissal fractionally more likely.
But it adds to aura of rushed, biased ineptitude. May make dismissal fractionally more likely.
UPDATE: So, it appears Comey grand jury may have left by the time 2nd version of the indictment was brought to the foreperson and deputy. But DOJ says no harm, no foul because jury already approved those counts. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/11...
November 19, 2025 at 11:28 PM
If this is how it went down, it was sloppy rubbish. But so long as language in 2 counts of new indictment was identical to language of 2 counts of old indictment approved by GJ, I doubt it's fatal error.
But it adds to aura of rushed, biased ineptitude. May make dismissal fractionally more likely.
But it adds to aura of rushed, biased ineptitude. May make dismissal fractionally more likely.
Serious point: This is concrete example of Trump/Bondi DOJ's larger problem. They are, I suspect, running low on lawyers who r both competent & willing to sully themselves by bringing meritless cases.
Usually DOJ talent exceeds or at worst matches opposition. And DOJ got judicial deference.No more.
Usually DOJ talent exceeds or at worst matches opposition. And DOJ got judicial deference.No more.
Good grief. Comey represented by frmr Dep Solictor Gen Michael Dreeben in this hring. Dreeben is among best DOJ advocates of modern era.
Dreeben against Halligan & couple out-of-district AUSAs dragged in because no one in EDVA would touch it is like beating puppies.
www.nytimes.com/2025/11/19/u...
Dreeben against Halligan & couple out-of-district AUSAs dragged in because no one in EDVA would touch it is like beating puppies.
www.nytimes.com/2025/11/19/u...
Judge Presses Comey Prosecutors Over Revised Indictment
www.nytimes.com
November 19, 2025 at 9:26 PM
Serious point: This is concrete example of Trump/Bondi DOJ's larger problem. They are, I suspect, running low on lawyers who r both competent & willing to sully themselves by bringing meritless cases.
Usually DOJ talent exceeds or at worst matches opposition. And DOJ got judicial deference.No more.
Usually DOJ talent exceeds or at worst matches opposition. And DOJ got judicial deference.No more.
Good grief. Comey represented by frmr Dep Solictor Gen Michael Dreeben in this hring. Dreeben is among best DOJ advocates of modern era.
Dreeben against Halligan & couple out-of-district AUSAs dragged in because no one in EDVA would touch it is like beating puppies.
www.nytimes.com/2025/11/19/u...
Dreeben against Halligan & couple out-of-district AUSAs dragged in because no one in EDVA would touch it is like beating puppies.
www.nytimes.com/2025/11/19/u...
Judge Presses Comey Prosecutors Over Revised Indictment
www.nytimes.com
November 19, 2025 at 6:51 PM
Good grief. Comey represented by frmr Dep Solictor Gen Michael Dreeben in this hring. Dreeben is among best DOJ advocates of modern era.
Dreeben against Halligan & couple out-of-district AUSAs dragged in because no one in EDVA would touch it is like beating puppies.
www.nytimes.com/2025/11/19/u...
Dreeben against Halligan & couple out-of-district AUSAs dragged in because no one in EDVA would touch it is like beating puppies.
www.nytimes.com/2025/11/19/u...
Reposted by Frank Bowman
It shouldn’t take nineteen clips to prove the point, but here they are anyway.
Montage of 19 clips of Trump insulting, berating, demeaning and attacking female reporters over the past few months. Part 1.
November 19, 2025 at 5:11 PM
It shouldn’t take nineteen clips to prove the point, but here they are anyway.
It's the stupidity, stupid!
Foreman apparently told GJ coordinator that GJ rejected count 1 but approved counts 2 & 3, so govt drafted new 2-count indictment and foreman signed. But 2d indictment—operational one—never shown to full GJ.
November 19, 2025 at 5:03 PM
It's the stupidity, stupid!
I would be surprised if there were any "scrubbing" of Trump's name. Maneuvers to prevent portions w/ his name being released? Very much to be expected. But actual permanent removal or destruction? Unlikely.
Too many people have seen these files. "Scrubbing" leaves traces. And it's a crime.
Too many people have seen these files. "Scrubbing" leaves traces. And it's a crime.
Interesting take, and one I haven’t heard yet. I’d much rather this be the reason for the sudden push for the release of the Epstein files than his name being scrubbed from the files by his henchmen in the DOJ during the shutdown.
Marjorie Taylor Greene's big takedown of Trump today is powerful because it broadcasts that he's losing control over the GOP. His sudden call for release of files wasn't about transparency. It was about sustaining the illusion that he controls the party.
New piece:
newrepublic.com/article/2033...
New piece:
newrepublic.com/article/2033...
November 18, 2025 at 10:06 PM
I would be surprised if there were any "scrubbing" of Trump's name. Maneuvers to prevent portions w/ his name being released? Very much to be expected. But actual permanent removal or destruction? Unlikely.
Too many people have seen these files. "Scrubbing" leaves traces. And it's a crime.
Too many people have seen these files. "Scrubbing" leaves traces. And it's a crime.
Reposted by Frank Bowman
Here’s the smell of the blood still. All the perfumes of Arabia will not sweeten this little hand. O, O, O!
November 18, 2025 at 6:59 PM
Here’s the smell of the blood still. All the perfumes of Arabia will not sweeten this little hand. O, O, O!
King Lear: I will have such revenges on you ...,
That all the world shall—I will do such things—
What they are, yet I know not, but they shall be
The terrors of the earth!”
That all the world shall—I will do such things—
What they are, yet I know not, but they shall be
The terrors of the earth!”
November 18, 2025 at 5:01 AM
King Lear: I will have such revenges on you ...,
That all the world shall—I will do such things—
What they are, yet I know not, but they shall be
The terrors of the earth!”
That all the world shall—I will do such things—
What they are, yet I know not, but they shall be
The terrors of the earth!”
A completely empty threat.
Neither he nor any federal official has any jurisdiction in the case.
And any Colorado official who rolled over for this would be politically dead from that moment forward.
Neither he nor any federal official has any jurisdiction in the case.
And any Colorado official who rolled over for this would be politically dead from that moment forward.
November 18, 2025 at 4:47 AM
A completely empty threat.
Neither he nor any federal official has any jurisdiction in the case.
And any Colorado official who rolled over for this would be politically dead from that moment forward.
Neither he nor any federal official has any jurisdiction in the case.
And any Colorado official who rolled over for this would be politically dead from that moment forward.
Six Repub senators seeking suspension of Judge Boasberg pending "resolution" of frivolous impeachment petition in House should reflect a bit. Normalizing political impeachment of judges could boomerang sharply post-Trump on genuine thugs like Bove.
www.msn.com/en-us/news/p...
www.msn.com/en-us/news/p...
MSN
www.msn.com
November 17, 2025 at 11:46 PM
Six Repub senators seeking suspension of Judge Boasberg pending "resolution" of frivolous impeachment petition in House should reflect a bit. Normalizing political impeachment of judges could boomerang sharply post-Trump on genuine thugs like Bove.
www.msn.com/en-us/news/p...
www.msn.com/en-us/news/p...
Halligan-Comey indictment fiasco supports theory that, if we survive Trump, it will be because combination of Trump's psychopathy & sheer incompetence of his enablers will produce so many defeats & so much nat'l pain that, at last, country will reject him & MAGA.
But, dang, the costs will be high.
But, dang, the costs will be high.
November 17, 2025 at 8:47 PM
Halligan-Comey indictment fiasco supports theory that, if we survive Trump, it will be because combination of Trump's psychopathy & sheer incompetence of his enablers will produce so many defeats & so much nat'l pain that, at last, country will reject him & MAGA.
But, dang, the costs will be high.
But, dang, the costs will be high.