The Illegal News with Sarah Longwell S2 Ep135: Sarah and George Answer YOUR Questions!
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Dec 1, 2025 
Join George Conway, a prominent Constitutional lawyer and rule-of-law advocate, as he and Sarah Longwell tackle listener questions. They delve into the controversial Lindsey Halligan ruling, unpacking its implications for high-profile cases. George shares insights on the Supreme Court's shadow docket, discussing its increasing use and the call for reform. The duo also reflects on personal shifts in policy perspectives post-Trump. Plus, George’s passion for music shines through as he shares anecdotes about his guitar collection!
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'Without Prejudice' Dismissals Still Create Legal Knots
- A dismissed indictment 'without prejudice' allows potential refiling but leaves open statute-of-limitations disputes.
- George argues some defective indictments might be 'stricken' rather than treated as dismissed for §3288 tolling.
Preserve Grand-Jury And Motive Challenges
- If prosecutors reindict, defendants can still raise selective or vindictive prosecution claims.
- Lawyers should preserve and raise grand-jury and motive arguments in any refiled indictment.
Why The Supreme Court's Shadow Docket Matters
- The 'shadow docket' handles emergency stays and injunctions outside full merits briefing, often without detailed reasons.
- Increased use makes Supreme Court actions opaque and unsettles lower courts and litigants.