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Wait
She lawyered so badly we don't even have case law on it?
This scares me a lot. If she doesn't get disbarred, and this somehow gets appealed, and it moves to the supreme court, then this right here could hand trump all of the remaining power the executive could want.
This is horrible
Each one of those bullet points is potentially a way for Comey to get his whole case thrown out. In addition to that, Comey has 4 other motions to dismiss pending right now, and they're pretty good arguments. At this point, Comey has so many different ways to win, that it is really hard to imagine that he won't win on one of them. (In which case he still has an entire trial to defend himself on).
The issue where there's no case law is a pretty narrow one, I think: The grand jury voted to approve the words of the charges (except that the charge numbers were different), but not the specific piece of paper that the words ended up typed out on. Is that important for the formal charging process or not? Either way this gets decided, it won't effect very many people, because any competent prosecutor will just re-run the new piece of paper past the jury to make sure. And it may not get decided at all if Comey's case is dismissed on any of the other reasons.
EDIT: If it's not true. If it turns out that the grand jury no-billed all three counts, then we'd be looking at a forged indictment. And that would be a serious crime.
A forged indictment would be weird.
And yet not much of a surprise.
Ahhhhh. Ok. That's the secret sauce I was missing.
Right, and in general, it's very hard for the prosecution to appeal the case, anyway. Can in some rare circumstances, but generally, they have one shot at things. That's why the DOJ usually moves so slowly on everything. They build a very, very airtight case before they even start the grand jury process.
You've heard of competence porn. Now we've got incompetence porn.