I can’t seem to find the answer: was this dismissed with or without prejudice?
not sure it matters at this point...with or without prejudice.
Turly claimed it was the most legit case against him, but still weak sauce
Just ‘dismissed’ ..... no mention of with/without prejudice
Judge Cannon wrote a VERY long opinion ...in the article, go to ‘opinion’ where highlighted in blue, so it’s a link, & that will take you to a pdf of the opinion you can download.
Since prosecutorial misconduct was not alleged, it would appear that the Justice Department is free to refile, but if Smith convened the grand jury, that indictment is also thrown out. Further, Judge Canon “looked askance” at the convening the grand jury in Washington, DC, rather than in Florida where the case is being tried, so even if the Grand Jury was legally convened, it is altogether possible that the indictment will be thrown out for venue shopping.
It’s not a decision on the merits, so it would be without prejudice.
As a practical matter, it makes no difference; the lawfully appointed District Attorney is not going to convene a grand jury and obtain an indictment with what’s left of this loser of a case.
Without. It will be refiled.
The decision doesn’t say. I don’t know the federal rules of criminal procedure, but as a general principle procedural dismissals are without prejudice because they don’t go to the merits, but the statute of limitations continues to run as if the first case hadn’t been filed. The general federal statute for crimes is six years, so well within the statute for refiling. However I’m thinking that the DOJ may have lost its appetite for fresh lawfare in light of recent developments
I read that the government will likely appeal to the 11th circuit. I forget if the ability to appeal means with or without prejudice.