> Note: Canova’s article here was written before President Trump announced today that the J6 Committee had dropped their subpoena of him. This should result in not arresting him.
I am not so certain.
Take for example an seditious conspiracy allegation:
https://freerepublic.com/focus/chat/4119447/posts?page=11#11
one may argue that it is overbroad (etc), and therefore unenforceable, but a hypothetical first pass on such an indictment would be up to the trial judge. an indictment based on this would presumably come from the activist DoJ. An activist judge, riding whatever is left of the political wave, could throw the ultimate decision into the path of the SC...
(I am not a lawyer, etc)
The "dead" list you mention comprise those cases that clerks excluded for the upcoming conference with attendance of all nine Justices.
The Brunson case was not excluded.
Supreme Court clerks screening through all the cases arrived at a list of cases that will be reviewed at the upcoming conference hearing. Brunson is one of those cases. Cases not included are described as dead-listed. Brunson is not dead-listed, but may be dropped at the January 6, 2023 conference.
There are confirmed reports that SCOTUS clerks saw the Brunson filing, and called and called in urgent fashion for Appellant to provide additional materials and changes to make the Brunson cert application conform for listing. That's significant, because a clerk could have simply rescheduled Brunson for later conferences pending Brunson getting its filing in proper shape.
See #30 above.