Here We Go; Or…

…why Lindsey Halligan didn’t tell Pam Bondi that she was indicting Letitia James.

The above is from the NYT, per enptywheel. I’d been wondering what James had done with the house in question. Turns out her niece has been living there, rent free.

Per NYT, Trump is trying to criminalize being generous, which I can understand if you're Trump but may not work out.

Under rules, Tish James could do short term rental in first year. She did (and made <$5K).

Then her great niece has lived there, rent free.

I guess Trump can’t stand the thought of generosity. Or he can’t comprehend it.

Basically, there is no spoon:

BUT James has made extended visits each year.

Also, Halligan bypassed Todd Blanche's office, which has picked up PIN notification.

Charged in Alexandria GJ bc they had adverse testimony in Norfolk.

AND pulled a Biden judge who'll insist on rocket docket.

But there is a timeline. A separate judge (from the one hearing the James case or the Comey case), is hearing a challenge (by Comey) to Halligan’s appointment.  That could undo Comey’s indictment (and kill it, due to limitations), and the James indictment.

By Monday, Lemons and Diaz going to have to decide how badly they want to risk their own law license.

They could move to dismiss the prosecution, the ethical thing to do, but one that will get them fired. And even then, now there’s a matter before Nachmanoff that could force the disclosure of all that anyway.

They could admit that Lindsey the Insurance Lawyer was not lawfully appointed (the one piece of discovery they did provide is likely her appointment order, which will be enough to prove that she was not lawfully appointed), and therefore the indictment is invalid.

They could turn over evidence to Jim Comey that shows prosecutors knew there was no probable cause to charge him but did anyway.

Or they could stall, putting their own careers at risk in a different way.

Lemon and Diaz are the prosecutors brought into the Comey case. They probably don’t face disbarment (that’s a VERY high hurdle), although they would certainly face disciplinary action; but they also probably don’t know whether to shit or go blind. The discovery already ordered in that case could well establish (based on the known testimony of two witnesses) there was no probable cause for the indictment.  Which more clearly implicates Halligan than anyone, as she sought indictments personally, in both cases. Her law license is more clearly at risk.

If Judge Nachmaninoff finds Halligan was improperly appointed, that’s game over for Comey. Halligan having to farm the James case out to a different GJ that hadn’t heard James’ great-niece’s testimony doesn’t bode well for reviving that indictment, either. Aside from the fact Halligan had to bypass both Bondi and Blanche to get it in the first place. When the case stinks so badly even those two won’t touch it…

And James may get her case dismissed without lifting a finger.

Trump is winning Pyhrric victories with the Sinister Six. But the criminal justice system is not letting him do as he pleases. We still need to amend Art. II, to clarify the “unitary executive” is not a thing. But as the Court ruled decades ago, the immigration system is civil, not criminal, and the Administration has great authority over it (authority Miller is grossly abusing). But true authoritarians rule the criminal justice system, and Trump is nowhere near doing that.  His treatment of immigrants and bystanders is heinous, and must be vigorously opposed. But he’s not sending his enemies directly to jail, do not pass “Go,” do not collect $200.

He can’t even keep Abrego Garcia in jail.

And you know he wishes he could jail them all, immediately.