PBP: Free Jim Comey! Free Tish James!

I was listening to Lawfare last night (the Friday live episode) and this is what struck me. Trump can't be bothered with the politics of getting things done. He just wants things done, and he wants it done how he wants it done. This has authoritarian behaviors, but for Trump, it is mostly because he is lazy.

 

We are so lucky that Trump is incompetent, and that he hires incompetent people.

 

Usually 30 days to file a notice of appeal. The SoL has already expired in Comey's case---did so about a day after the indictment. But if you mean the "6-month tolling allowing re-indictment because the dismissal was without prejudice" A notice of appeal would freeze everything, ie., the clock would be stopped until the appeal would be resolved----at least I'm fairly sure. Been a long time since I reviewed the Federal Rules of Criminal Procedure.

 

Are we?

The Nazi regime was full of incompetent, preening jackasses whose sole qualification was demonstrated loyalty to the sociopath at the top. That...did not work out great for anybody.

I know what you're saying, but...I think one reason not enough people recognized the threat Trump posed was because of what I call the "Evil Genius Fallacy". The belief that the most notorious dictators of history must have been incredibly gifted, brilliant manipulators and masters of intrigue; instead, they were often just craven thugs who were willing to violate laws & norms and the powers that be were either too weak or too clueless to stop them. So we end up thinking that guys like Hitler or Stalin were, for all their awfulness, must have been very impressive and capable men surrounded by equally capable henchmen.

I think it may be more correct to say that we're lucky these people all live in a bubble and have no idea how ridiculous and ineffective they look from the outside; now that Trump is losing his mojo their power might yet slip away.

 

Okay, so the DOJ has 30 days to file, and if they don't, then they hit the SoL and doesn't matter if they try and file an appeal after, they haven't payed the toll.

My question is more of when the 6 month toll begins. To me, that is kind of a big question as there are several points at which it could start, and nobody I've listened to has said - they've all referenced that 6 month window.
A knock on from that is what stops that 6 month window? Is it the re-filing of charges? If so, what happens if that, again, gets thrown out?

 

The sixth months starts running from the date of the district judge's dismissal order. If the DOJ files a notice of appeal, that usually pauses things while the appeal is pending (but as I said before, I'd have to do a bit of digging on that aspect as there are situations where a notice of appeal does not act as supersedeas. If DOJ re-indicts within the 6 month window---no SoL issue. If the second indictment gets thrown out, it again depends on whether it's tossed "with" versus "without" prejudice. The former ends the case. The latter would start a new 6-month window, I'm fairly sure.

 

Holy hell. This could just continue on and on. I would guess that at some point a judge is going to dismiss with prejudice, yes?

 

Can't speak for Hitler, but Stalin was an absolute shit, from a shitty upbringing. There is pretty good evidence that he was physically abused growing up, and he turned into into abusing others. When I was reading his bio (I think first encountered in some graduate research paper when at I was at university), I thought of him as being an abuser who was acting out his own father's behaviors. Only that he had become head of the USSR, so he did so on a massive scale. But he was not really any different from any other dictator - Hitler, Hussein, Amin, Chang Kai Shek, etc - in that he was paranoid of those he perceived as out to get him. So he just continued to clamp down until he eliminated anybody reasonable. But, what made Stalin different, to me, was that some of those in government were vestiges of the Bolshevik Revolution, so had an understanding of what it took to run a government. They, at least had competence and experience and knowledge, all of which Stalin eventually destroyed due to his own insecurity.

 

https://apnews.com/article/letitia-james-grand-jury-6743e4d673d8b039059a958e507aea94

 

I mean, they don't have anything better to do.

 

What Rocket Docket, you ask.

 

One would hope.

 

It should be, three strikes and you’re out.