Former President Donald Trump’s attorneys asked a federal judge Monday to reject special counsel Jack Smith’s request for a gag order in the classified documents case and to find the federal prosecutors who wrote the request in contempt.
This aims to elicit a response though. She can’t just ignore motions. She also can’t outright dismiss the case anyway without making an appeal guaranteed, at which point she’d be releasing whatever protective control she holds over the case. This is a federal case, you can’t just make it “go away”. DJ would also not be attached if no other court has touched it.
Delaying is a tactic, but there are protections in Habeas Corpus that allow appeals for literally anything, and Double Jeopardy would never be attatched in such a situation which she has created.
I’m not a lawyer, but double jeopardy is applied when a jury finds a verdict. There is such a thing as a mistrial. If the jury hangs there is a mistrial, and I don’t believe a dismissal is an acquittal just because there are jurors in seats.
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This aims to elicit a response though. She can’t just ignore motions. She also can’t outright dismiss the case anyway without making an appeal guaranteed, at which point she’d be releasing whatever protective control she holds over the case. This is a federal case, you can’t just make it “go away”. DJ would also not be attached if no other court has touched it.
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I can just sum this up in a sentence:
Delaying is a tactic, but there are protections in Habeas Corpus that allow appeals for literally anything, and Double Jeopardy would never be attatched in such a situation which she has created.
I’m not a lawyer, but double jeopardy is applied when a jury finds a verdict. There is such a thing as a mistrial. If the jury hangs there is a mistrial, and I don’t believe a dismissal is an acquittal just because there are jurors in seats.
Not really though, because they have evidence he moved documents to Bedford.
So, 2nd investigation, more documents seized, new case with the same charges filed in New Jersey or DC this time.
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