Main Justice Kafkaesque
17 snips
Dec 17, 2025 The hosts dive into the complexities of political retribution versus legitimate prosecution, highlighting the recent grand jury's refusal to re-indict Letitia James. They explore extraordinary no-bill grand jury rulings and the implications for the DOJ. The discussion shifts to Jack Smith's upcoming deposition, emphasizing the need for transparency. The saga of Kilmar Abrego Garcia unfolds, revealing government errors in deportation. Finally, they analyze the limitations placed on National Guard deployments and the ongoing debates about federal authority.
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Politics Can Drive Reckless Prosecutions
- Political prosecutions often prioritize retribution over legal prudence and sound charging decisions.
- Andrew Weissmann and Mary McCord warn that repeated reindictments can be vindictive and legally risky.
Double No‑Bills Signal Prosecutorial Trouble
- Grand juries repeatedly refusing to indict reflects significant prosecutorial weakness or overreach.
- Mary McCord and Andrew Weissmann note no-bills are rare and two no-bills in the same case is extraordinary.
Limits On Re‑using Seized Electronic Data
- Evidence seized under one warrant cannot be freely re-searched for new crimes without a new warrant.
- Judge Colacatelli found callous disregard when agents re-examined Dan Richman's seized data without a new warrant.