The real question you should ask is this. If this were General Flynn or another Trump official, would the Judge dismiss this case for not presenting it to the full grand jury?
I think not.
You think a court should allow a case to move forward without an indictment?
This wasn’t a technically flawed indictment. IT WASN’T AN INDICTMENT. And Halligan knew it.
Yes, but remember this is going before that same “sort” of judge.
Even before this, most legal analysts I trust said they couldn’t get him.
Absolutely. Because they were aggressively prosecuted immediately, not five years later, when limitations is about to run.
Possibly, if the grand jury term has not expired, the foreperson could sign an indictment for the offense the grand jury actually voted on, and it will be deemed to date back to the date of the defective indictment. If what the grand jury voted on is actually a crime. I expect that would happen if the parties were reversed.
But this is either Orly Taitz level incompetence by the Assistant U.S. Attorney, or…
I mean printing the wrong form, or grabbing the wrong form off your desk could happen. But when the foreperson of the grand jury says “I dunno, are you sure this is what we voted on? and you still have him sign it, without making certain that you aren’t screwing up this high profile a case.