Main Justice

The First Indictment

Mar 31, 2023
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INSIGHT

Indictment Begins A Lengthy Procedure

  • Indictment starts a long legal process with many procedural safeguards and motions.
  • Discovery, Brady obligations, and motions will delay any quick trial despite public expectations.
INSIGHT

Why Dismissals And Vindictiveness Are Hard

  • Motions to dismiss rarely toss entire criminal cases because factual disputes go to trial.
  • Vindictive prosecution requires proof of retaliation for exercising a constitutional right, not mere political motivation.
ANECDOTE

Blackwater Case Refiled After Appeal

  • Mary McCord recounted the Blackwater prosecutions where charges were refiled after appeals required new charging decisions.
  • The office charged first-degree murder when manslaughter became time-barred and the appeals court rejected vindictive-prosecution claims.
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