so I don't think a new indictment can be issued unless a higher court rules the DA was legitimately appointed.

They can bring a new indictment within 6 months since the original indictment was returned before the statute of limitations ran out.

Hooligan's appointment was invalidated so, legally, there was no indictment, so the SoL has run out.

If the statute of limitations has indeed run out, then under what circumstances could "without prejudice" apply?

The point is that the Judge ruled that Hooligan was appointed illegally, therefore there was no valid indictment, therefore the SoL has run out.

We'll know soon enough, but I'll bet that Blondi tries again to secure a GJ indictment against Comey and James with Comey's being ruled as moot as the SoL has expired.

18 U.S.C. § 3288 grants six months to re-charge after an indictment is dismissed "for any reason."

That certainly is at least an arguable basis for seeking a new indictment though the SL has run.

With respect to James, there is no question that they can re-indict her with a properly installed US Attorney.

major, major embarrassment for Pedonald, Blondi and Hooligan.

without examining the actual charges? Thus if the charges are viable they can be resubmitted by a legitimate prosecutor.

As such, ANY other reason, and there are many, to reject the charges have not been examined. Shouldn't "without prejudice" go both ways?

Has the judge made note of the expiration date? The idea that ANY indictment, even if sloppy or be an illegitimate prosecutor stops the clock is a very bad precedent. Imagine a prosecutor does not have a viable case and the statute of limitations ends very soon. Getting an indictment with a shaky case could buy them 6 more months.

And then the court will dismiss it again, this time officially with prejudice, on those specific grounds.

Law can be a more exhausting process that it needs to be at times but it will get done.

However, if Halligan has officially been marked as illegitimate, I'm guessing they'll trot some other patsy out there in her place.

and I very much doubt that another GJ will indict James, given the monumental fuck up by Blondi and company.

See post #15

There's a good chance the Indictment will be tossed. And then it's over.
It's not clear that even without that that they could refile successfully. If they do, Comey could tie it up with motions for a while. And, of course, the courts can ppoint an interim USA who declines to file. We'll see.

18 U.S. Code § 3288 - Indictments and information dismissed after period of limitations

https://www.law.cornell.edu/uscode/text/18/3288#

Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.

(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88–520, § 1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100–690, title VII, § 7081(a), Nov. 18, 1988, 102 Stat. 4407.)

If he's not out of the woods he can see the exit of the forest.

Comey has done a lot wrong... he did help put Trump in the White House in the first time.

But an even bigger problem with James Comey is he urged this country to pretend that white nationalist terrorism is not a thing.

The statute of limitations has run.

Link to tweet

Comey will still have to respond the upcoming appeal but he should get a final judgement at some point

They blew the deadline date with the bogus appointment