Comey is still not of the woods yet, right?

[imanamerican63]

What looks like a win is still a possible headache down the road?

“Without prejudice” means they can refile some type of charges against him, right?

[Abnredleg]

1. Statue of Limitations is up

so I don't think a new indictment can be issued unless a higher court rules the DA was legitimately appointed.

[Jersey Devil]

4. Statute is not up

They can bring a new indictment within 6 months since the original indictment was returned before the statute of limitations ran out.

[MarineCombatEngineer]

7. I don't believe that's true,

Hooligan's appointment was invalidated so, legally, there was no indictment, so the SoL has run out.

[Jersey Devil]

9. If so, then why was the judge's order to dismiss "without prejudice"?

If the statute of limitations has indeed run out, then under what circumstances could "without prejudice" apply?

[MarineCombatEngineer]

11. How do you know that the without prejudice wasn't aimed at James?

The point is that the Judge ruled that Hooligan was appointed illegally, therefore there was no valid indictment, therefore the SoL has run out.

We'll know soon enough, but I'll bet that Blondi tries again to secure a GJ indictment against Comey and James with Comey's being ruled as moot as the SoL has expired.

[Jersey Devil]

13. You may be correct, but

18 U.S.C. § 3288 grants six months to re-charge after an indictment is dismissed "for any reason."

That certainly is at least an arguable basis for seeking a new indictment though the SL has run.

With respect to James, there is no question that they can re-indict her with a properly installed US Attorney.

[MarineCombatEngineer]

14. This has got to be a Ketchcom 1 alert and no Ketchup bottle is safe tonight,

major, major embarrassment for Pedonald, Blondi and Hooligan.

[karynnj]

18. Could without prejudice mean just that it is done

without examining the actual charges? Thus if the charges are viable they can be resubmitted by a legitimate prosecutor.

As such, ANY other reason, and there are many, to reject the charges have not been examined. Shouldn't "without prejudice" go both ways?

Has the judge made note of the expiration date? The idea that ANY indictment, even if sloppy or be an illegitimate prosecutor stops the clock is a very bad precedent. Imagine a prosecutor does not have a viable case and the statute of limitations ends very soon. Getting an indictment with a shaky case could buy them 6 more months.

[Tommy Carcetti]

10. My guess is that the DOJ will attempt to test the waters by rebringing it

And then the court will dismiss it again, this time officially with prejudice, on those specific grounds.

Law can be a more exhausting process that it needs to be at times but it will get done.

However, if Halligan has officially been marked as illegitimate, I'm guessing they'll trot some other patsy out there in her place.

[MarineCombatEngineer]

12. That's exactly what I'm thinking will happen also,

and I very much doubt that another GJ will indict James, given the monumental fuck up by Blondi and company.

[Wiz Imp]

17. The judge in the case says otherwise

See post #15

[Happy Hoosier]

19. We shall see....

There's a good chance the Indictment will be tossed. And then it's over.
It's not clear that even without that that they could refile successfully. If they do, Comey could tie it up with motions for a while. And, of course, the courts can ppoint an interim USA who declines to file. We'll see.

[Celerity]

8. Incorrect:

18 U.S. Code § 3288 - Indictments and information dismissed after period of limitations

https://www.law.cornell.edu/uscode/text/18/3288#

Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.

(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88–520, § 1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100–690, title VII, § 7081(a), Nov. 18, 1988, 102 Stat. 4407.)

[DemocratSinceBirth]

2. The Statute of Limitations has expired.

If he's not out of the woods he can see the exit of the forest.

[sop]

3. They can always concoct another "crime."

[ck4829]

5. I don't want Comey in prison, but he should always be stressed out, more than anyone else

Comey has done a lot wrong... he did help put Trump in the White House in the first time.

But an even bigger problem with James Comey is he urged this country to pretend that white nationalist terrorism is not a thing.

[LetMyPeopleVote]

15. Judge Currie basically slams the door on re-indicting Comey here.

The statute of limitations has run.

Link to tweet

Comey will still have to respond the upcoming appeal but he should get a final judgement at some point

[malaise]

16. Course he is

They blew the deadline date with the bogus appointment