Advisory Opinions Case Against Comey Dismissed
52 snips
Nov 25, 2025 Unravel the details of the dismissal of criminal charges against James Comey and the implications of the Texas redistricting case. Dive into the complexities of the Vacancies Reform Act and whether the government can refile charges. Discover the tensions between partisan and racial gerrymandering, and the significance of GVR orders regarding the Confrontation Clause. Additionally, explore border metering and the practical realities of asylum policies alongside a sprinkle of Thanksgiving reflections.
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Appointment Text vs. Proper Remedy
- The judge dismissed Comey's indictment because an interim U.S. attorney was invalidly appointed, raising textual disputes about serial 120-day appointments under 28 U.S.C. §546.
- The bigger question is whether dismissal was an appropriate remedy given procedural confusion and remedy alternatives.
Statute Tolling After Dismissal Is Unsettled
- 18 U.S.C. §3288 gives the government six months to reindict after a dismissal if the statute of limitations expired.
- Courts differ on whether a void or invalid indictment tolls the statute of limitations, making Comey's reindictment legally uncertain.
Possible Paths After Dismissal
- The government can either appeal the dismissal to the Fourth Circuit or refile under §3288 and defend a new indictment.
- Expect the Eastern District of Virginia matters to be held in abeyance until appeals or refiling play out.
