@emptywheel.bsky.social she's not admitted in VA. The allegations that she violated VA bar rules is only relevant to the FL bar complaint. She doesn't need protection from the VA bar.

What post?

Absolutely. Her brief convinced me. The only difference: Supposedly, DOJ discovered her alleged crimes recently and, unlike the Comey case, wasn't aware of the alleged crimes for many years. IOW, timing better for Comey than James.

2. discovery and an evidentiary hearing. Cover both bases: Actual & Presumptive VP. So, when Trump appeals, the 4th Circuit can rely in one ground or the other or both to affirm the dismissal w/prejudice.

1. Best case scenario: Dismissed based on "actual" VP (i.e., "direct" objectives evidence of genuine animus + but for the animus, no indictment) and, in the alternative, a "realistic likelihood" of VP, based on circumstantial evidence, giving rise to a rebuttable presumption of VP and a right to

3. to properly present the facts and law to another GJ even though, by that time, the SOL would have expired.

2. As I said previously, if Halligan committed some type of misconduct in presenting the facts or law to the GJ, depending on the nature of that misconduct, it could constitute "substantial prejudice" requiring dismissal of the indictment. Then the question would become: Should DOJ be permitted

1. But, if dismissed based on unconstitutional appointment of Halligan in violation of the Appointments Clause, "substantial prejudice" to Comey's right to a fundamentally fair grand jury proceeding must be shown under Bank of Nova Scotia.

Yes. If dismissed based on VP or SP, must be with prejudice bc any subsequent indictment for the same two crimes based on the same facts is the "fruit" of Trump's "poisonous" vindictive motive.

"Concept" of new system.

Superbly well-drafted @jamescomey.bsky.social reply brief. Comey has received exemplary, top-notch, legal representation. Among the finest criminal law attorneys I have witnessed in 40+ years.
storage.courtlistener.com/recap/gov.us...

I agree. The facts against Trump and his sycophant servants (Bondi et al.) are powerful and convincingly support the conclusion that James would not have been indicted but for Trump's genuine animus/hatred of her.

It's not a matter of coming around. I do my best to objectively analyze the facts and apply them to the law. As I've said before: An open mind is a terrible thing to waste.

Gym & Run critical to maintaining stamina needed to keep abrest of the 💩 Trump throws at America every day. Keep it up. Never Surrender.

@emptywheel.bsky.social how would the 4th Amendment's prohibition on unreasonable searches and seizures apply to the search of Richman's phone or Columbia's servers? Did any of those searches violate Comey's reasonable expectation of privacy -- IOW, does Coney have standing (under 4th) to suppress?

She had no choice. Read @stevevladeck.bsky.social recent post.

Morality & Trump don't go together. Never have. Never will. To Hell with 42,000,000 hungry people. (Trump just following up on Elon "Trillionaire" Musk (of DODGE infamy) cutting off food and medicine to millions of starving children in Africa.)

Trump & benificence = non sequitur.