This case appears likely to make it all the way to the Supreme Court.

  • egregiousRac@piefed.social
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    7 days ago

    Great clickbait headline.

    In an appeal against the dismissal of Abrego Garcia’s prosecution, the DOJ is arguing that vindictive prosecution can only apply if the prosecution adds additional charges and does not apply to the original charge.

    They argue it is a protection against a prosecutor punishing the defendant for exercising their rights in court, not a protection against charges brought as punishment in the first place.

    If the district appeals court agrees with them, they will be able to charge a bunch of people in that district with made-up crimes and trial judges will be greatly restricted in dismissing them until the Supreme Court hears this case.