How is the central foundation of the case, the indictments, not called into question as a potential miscarriage of justice? Would the proper resolution be dismissal of all charges with prejudice?
The motion is better than that. It is to set aside the indictments an initio—from the beginning, because her lover, not being properly appointed, had zero authority under law to empanel said grand jury!
…moves this Honorable Court for an order striking the special purpose grand jury report and dismissing the criminal indictment in its entirety against Mr. Roman on the grounds that the entire prosecution is invalid and unconstitutional because the Fulton County district attorney never had legal authority to appoint the special prosecutor, who assisted in obtaining both grand jury indictments. As a result, both indictments contain structural errors and irreparable defects and should be dismissed in their entirety as to Mr. Roman.
If the judge holds it true for this indictee, it’s true for all persons indicted by the same invalid grand jury. This could be delicious!