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Judge dismisses all charges against 3 [update: 5] 'extremist Muslim' New Mexico compound suspects
fox ^ | 8/29/18

Posted on 08/29/2018 12:06:35 PM PDT by SoFloFreeper

Judge Jeff McElroy on Wednesday dismissed all of the charges against three of the five defendants arrested in connection to a New Mexico compound linked to “extremist Muslims” because authorities violated the state’s “10-day rule.”

This is a developing story. Please check back for updates.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Culture/Society; News/Current Events; US: Georgia; US: New Mexico; War on Terror
KEYWORDS: jeffmcelroy; localnews; muslim; newmexico; ruling; taos; terrorism; usjihad; wahhaj
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To: cuban leaf
Does double jeopardy apply when a judge does this? Do they really just have to “start again”?

I think Double Jeopardy is for trials, not charges brought. You can't be tried more than once for the same charges, but the charges can be dropped and re-filed prior to trial.

101 posted on 08/29/2018 1:13:05 PM PDT by IYAS9YAS (There are two kinds of people: Those who can extrapolate from incomplete data.)
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To: SoFloFreeper

Anyone who is surprised by this lives in a fantasy world.


102 posted on 08/29/2018 1:14:33 PM PDT by zeugma (Power without accountability is fertilizer for tyranny.)
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To: Bryanw92
I argued with some guy on FR last week about the coming civil war. He claimed to love the “rule of law” too much to rebel against the government or to fight the people who have subverted our Republic into mob rule. I said that we no longer operate under the “rule of law” in this country since there is selective enforcement, selective prosecution, political implications color legal decisions, etc. The “rule of law” died during Obama.

An early clue was Waco. You're absolutely correct. The U.S. government has been essentially a Banana Republic for decades.

103 posted on 08/29/2018 1:16:47 PM PDT by zeugma (Power without accountability is fertilizer for tyranny.)
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To: SoFloFreeper
Why, it's almost like they WANT another school shooting.

I wonder why that would be?


104 posted on 08/29/2018 1:17:12 PM PDT by Lazamataz (On future maps, I suggest we remove the word "California" and substitute "Open-Air Asylum".)
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To: Sarah Barracuda

Poetic justice would be someone out on this no-bail law who kills the commie gov’s boyfriend or husband. Maybe even him.


105 posted on 08/29/2018 1:18:16 PM PDT by Boomer
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To: usurper
I see no reason why charges can't be refiled again and the 10 day rule starts again.

The Deep State will make sure these charges drop again.

There are guns to ban, donchya know!

106 posted on 08/29/2018 1:20:33 PM PDT by Lazamataz (On future maps, I suggest we remove the word "California" and substitute "Open-Air Asylum".)
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To: SoFloFreeper

Blood on his hands.

Maybe not now, but soon.

5.56mm


107 posted on 08/29/2018 1:25:32 PM PDT by M Kehoe (DRAIN THE SWAMP!)
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To: SoFloFreeper

They are free to kill and teach others to kill. Too bad the judge will be safe.


108 posted on 08/29/2018 1:25:47 PM PDT by I want the USA back (Cynicism is the only refuge in a world that is determined to eliminate itself.)
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To: SoFloFreeper

When does a federal judge come in to deal with terrorists? Is this the Bonney and Clyde era where you can jump state borders to escape criminal charges?


109 posted on 08/29/2018 1:27:56 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: max americana
This judge should hang

Amen !

110 posted on 08/29/2018 1:31:27 PM PDT by tomkat
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To: SoFloFreeper
We're heading for Civil War 😡
111 posted on 08/29/2018 1:32:25 PM PDT by ResisTyr (Resistance to tyrants is obedience to God " ~Thomas Jefferson)
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To: Squeako

Terrorists on the loose equals big bucks for the anti-terrorism bureaucracy.

This is not that difficult to figure out, people.


112 posted on 08/29/2018 1:32:54 PM PDT by cgbg (Hidden behind the social justice warrior mask is corruption and sexual deviance.)
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To: Sarah Barracuda

NJ is going further down the drain, too with Governor Goofball.


113 posted on 08/29/2018 1:33:43 PM PDT by DivineMomentsOfTruth ("There is but one straight course, and that is to seek truth and persue it steadily." -GW)
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To: Lazamataz

What Alex Jones has been saying doesn’t sound so nuts anymore.


114 posted on 08/29/2018 1:37:31 PM PDT by DivineMomentsOfTruth ("There is but one straight course, and that is to seek truth and persue it steadily." -GW)
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To: All

Here is the relevant rule:

5-302. Preliminary examination.
A. Time.
(1) Time limits.
A preliminary examination shall be held within a reasonable time but in any event not later than ten (10) days after the first appearance if the defendant is in
custody and no later than sixty (60) days after the first appearance if the defendant is not in custody.

(2) Extensions.
Upon a showing of good cause, the court may extend the
time limits for holding a preliminary examination for up to sixty (60) days. If the defendant does not consent, the court may extend the time limits in Subparagraph (A)(1) of this rule only upon a showing that extraordinary circumstances exist and justice requires the delay. The time enlargement provisions in Rule 5-104 do not apply to a preliminary examination.

(3) Dismissal without prejudice.
If a preliminary examination is not held within the time limits in this rule, the court shall dismiss the case without prejudice and discharge the defendant.

Notice that dismissal is without prejudice. These charges can be brought again.


115 posted on 08/29/2018 1:37:33 PM PDT by TexasGurl24
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To: IYAS9YAS

See 5-302, dismissal is without prejudice. They absolutely can bring the charges back.


116 posted on 08/29/2018 1:38:17 PM PDT by TexasGurl24
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To: Bryanw92

You are a bout 25+ years late in coming to that conclusion. The Weaver Standoff and murder of Mrs. Weaver at the hands of a FIB assassin, without that worthy even being charged with manslaughter or fired from his job as FIB hitman, told me all I needed to know about the “rule of law” in our nation.


117 posted on 08/29/2018 1:39:44 PM PDT by L,TOWM (An upraised middle finger is my virtue signal.)
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To: TADSLOS
The judiciary is out of control. This is unacceptable.

I am not entirely sure this can be pinned on the judiciary. I would lay the blame at whomever was supposed to arraign the suspects.

The rule this judge followed is there to protect all of us.

118 posted on 08/29/2018 1:45:40 PM PDT by zeugma (Power without accountability is fertilizer for tyranny.)
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To: ResisTyr

Well.. It’s common knowledge the Deep State Scumbags have been destroying America for decades.. incrementally. Their tentacles are in so deep they don’t care that we know what they’re doing.. At this point they believe they are invincible. They really are possessed.. Just look at photos of Strzok again. That is the face of pure Evil.


119 posted on 08/29/2018 1:55:30 PM PDT by DivineMomentsOfTruth ("There is but one straight course, and that is to seek truth and persue it steadily." -GW)
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To: L,TOWM

>>You are a bout 25+ years late in coming to that conclusion. The Weaver Standoff and murder of Mrs. Weaver at the hands of a FIB assassin, without that worthy even being charged with manslaughter or fired from his job as FIB hitman, told me all I needed to know about the “rule of law” in our nation.

No I’m not! I said I argued with a guy last week. I didn’t say I had a friggin’ epiphany! When Vicki Weaver was murdered, I knew that the civil war was inevitable from that point.


120 posted on 08/29/2018 1:58:42 PM PDT by Bryanw92 (Asking a pro athlete for political advice is like asking a cavalry horse for tactical advice)
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