That's the argument, or one of them. We shall see.

All good questions. I don't know answers. I'm pretty weak on nuances of appellate procedure.

2/2 I kinda think Comey has to add something to appointment invalidity to secure dismissal with prejudice. Best guess is marriage of technical invalidity with the vindictiveness and legal insufficiency arguments.

1/2 I think that's right. And I'd be pleased to see that result. But I'm doubtful appointment issue alone can carry quite that much weight.

If, say, validity of appointment turned on genuinely arguable technicality, wld rule require dismissal w/ prejudice of rafts of indictments of real villains?

You may be overreading opinion. Judge saying retroactive ratification of indictment by AG is invalid, but says nothing about reindicting pursuant to 18 usc 3288.

That's a separate issue depending on whether reason for dismissal was "some other reason that would bar a new prosecution."

2/2 I'm a bit doubtful that improper apptmnt of US Atty counts as such a reason.

Maybe, if one concludes that the reason for the improper appointment was to initiate a vindictive and legally meritless prosecution. But that turns on facts not in front of this judge.

1/2 You may be overreading opinion. Judge saying retroactive ratification of indictment by AG is invalid, but says nothing about reindicting pursuant to 18 usc 3288.

That's a separate issue depending on whether reason for dismissal was "some other reason that would bar a new prosecution."

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."

2/2 Standing alone, not sure that improperly appointed US Atty is such a reason.

BUT, if judges considering motions to dismiss for vindictive prosecution conclude that appointment of Halligan was part of scheme of vindictiveness, that should end the matter.

🎶Memories may be beautiful and yet...

Glad to see the drop, but this is overstatement. Nixon's approval rating throughout 1974 was below 30%.
www.presidency.ucsb.edu/statistics/d...

Well, blow me down. Seems to be a real thing. I should have relied on Ryan's sources.

But this can't be because Bondi's DOJ objects to bogus investigation of Schiff. Is it because Ed Martin & Bill Pulte have messed up that investigation and thus entered the Ernst Rohm phase of their MAGA careers?

Whether any of this is about resurgent rule of law or is self-protection by MD USAO tasked w/ running investigation (who don't want to become Halligan-like punching bags) remains unknown.

Even if self-protection, still good. Wld mean USAO run by people who know there are lines they ought not cross.