Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: ***Breaking News*** Cases Against James Comey and Letitia James Dismissed [View all]Celerity
(53,198 posts)37. they have 6 months to re-file for Comey
18 U.S. Code § 3288 - Indictments and information dismissed after period of limitations
https://www.law.cornell.edu/uscode/text/18/3288#
Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88520, § 1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100690, title VII, § 7081(a), Nov. 18, 1988, 102 Stat. 4407.)
https://www.law.cornell.edu/uscode/text/18/3288#
Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88520, § 1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100690, title VII, § 7081(a), Nov. 18, 1988, 102 Stat. 4407.)
Edit history
Please sign in to view edit histories.
Recommendations
2 members have recommended this reply (displayed in chronological order):
72 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
***Breaking News*** Cases Against James Comey and Letitia James Dismissed [View all]
DemocratSinceBirth
23 hrs ago
OP
Case dismissed, but without prejudice, which means it can be brought again
allegorical oracle
23 hrs ago
#7
I think because they brought the charge they get one more bite at the apple with a six month
boston bean
23 hrs ago
#12
There has been a question of whether Comey was actually legally indicted in the first place
Renew Deal
22 hrs ago
#46
That is not what the lawyers on MS NOW are saying. I am not a lawyer, so I can only go off what they say.
Celerity
22 hrs ago
#49
And I've not seen anything to dissuade me that she is one of the more honest,
slightlv
22 hrs ago
#50
Rubin explained that when a Statute of Limitation is involved, there is the
allegorical oracle
23 hrs ago
#17
Yeah, I don't understand why the Judge didn't shut this down entirely especially for James
Bev54
23 hrs ago
#19
So if she was never authorized to bring the charges to begin with, how can they retry?
Bev54
19 hrs ago
#64
It's important to note that the government's intent, here, is to make Comey and James as
allegorical oracle
23 hrs ago
#20
Yeah...djt selects from Central Casting (and loyal friends), not qualifications. That
allegorical oracle
23 hrs ago
#25
I know - Kim Kardashian. She wants to be a lawyer so she took the shortcut way to becoming one.
Marie Marie
21 hrs ago
#58
High level spin doctoring is in progress. Somehow this is Biden's fault.
twodogsbarking
23 hrs ago
#26
Since SHE has had the entire Epstein file for months now & an army of peeps combing thru it...
Attilatheblond
20 hrs ago
#59
The Trump administration is appealing the ruling because the judge did not consider
Ray Bruns
22 hrs ago
#39