Yup, exactly. Appeals are made to argue that a legal error was made, and you can argue that an error was made in the process of dismissing a case, which can cause it to be overturned if an appeals court agrees (and the case would no longer be dismissed). Of course, there needs to be legitimate legal argument, you can’t argue “we don’t like that outcome”, but it’s certainly possible.
Agree completely. Assuming a legit court of appeals, not some kangaroo MAGAts on the bench.
This is why undermining the judiciary is such an important part of an authoritarian takeover. Once judges rule how they’re told, traditional legal logic is out on its ear.
These cases are not really filed to be won. You file to please the boss, to fish, and to harass. All disgusting behavior, but an actual conviction is not in the cards.
Trump really wanted Comey to have to get a mug shot like he had to. They are 0-2 there.
Late: I’ll add this is true only because 99% of the Fed Judge’s are still fair/independent. I would think differently if they were angling for Judge Cannon like they are in the “Grand Conspiracy” case.
And congress does nothing while Trump runs our country into the ground. Write your congress people.
I’ve written them a few times. But what should they do about the Comey prosecution? Pass a law against deliberately indicting innocent people?
Trump ordering the Justice Department to go after his enemies would be a great article of impeachment – the moment the votes exist for Senate conviction. But right now, criticizing Congress, especially in general, seems to me a bit like blaming the Supreme Soviet for Stalin’s crimes.
There is one level of intermediate appellate court. (United States Court of Appeals for the [Circuit Number] Circuit). But after a decision by a three-judge panel, a litigant can ask for further review by the entire circuit. It’s rarely granted, but certainly not unheard of. So, in that respect, there is a kind of second level of review.