As seen on 20/20, Hulu, and CourtTV. A podcast from a different perspective. CrimeCon 2023 Creator of the Year.
Joined February 2020
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The Constitution requires an indictment in federal felony cases, which requires a grand jury. An information can be filed by a prosecutor, but it only works in misdemeanors and when the defendant waives the right to indictment, neither of which are the case here. Turns out they did this to try and extend the statute of limitations, which was running out.
We are thinking the same way. Just posted that. For what it's worth, I do not think DOJ Is right here.
The filing here relies on 18 U.S.C. § 3282 to justify the argument that an information tolls the statute of limitations. And that makes sense--the general statute specifically references informations. The only problem is Comey is charged under 18 U.S.C. § 792 and 793, for which Congress specifically extended the SoL of five years from the general statute to ten years for espionage. But they did so only mentioning indictments, not informations. Interesting statutory interpretation arguments to come.
The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.
courtlistener.com/docket/750…
This is the answer, apparently.
The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.
courtlistener.com/docket/750…
LOL, wut?
#Alabama DB Dre Kirkpatrick Jr. is being charged with 1 count of doxxing (Class A misdemeanor) and a Class C misdemeanor for harassing communications, according to paperwork filed on Monday.
Kirkpatrick is currently suspended, with HC Kalen DeBoer saying to the MMQB, "We have an expectation and standard in our program, and the team rules, and things that go along with that. There's still some details that I'm trying to understand, but it's enough to where we know that's not how we operate."
tide1009.com/dre-kirkpatrick…
The Eighth Circuit with an important opinion examining the consequences of Loper Bright and Corner Post (it's actually that case on remand). And the Federal Reserve gets slapped around a little bit, which is always fun.
ecf.ca8.uscourts.gov/opndir/…
This is one of the greatest scenes ever filmed. I consider myself accursed that I was not there on Crispin's day.
ProsecutorsPodcast retweeted
Today in 1415, an English army led by Henry V defeats a much larger French force near Calais at Azincourt (or Agincourt).
A play by Shakespeare will later immortalize the battle:
"Gentlemen in England shall think themselves accursed they were not here."
