Randall Eliason's Avatar

Randall Eliason

@rdeliason.bsky.social

White collar crime prof, former federal prosecutor, columnist and blogger, a cappella singer, husband, dad and grandpa.

47,251 Followers  |  339 Following  |  306 Posts  |  Joined: 08.10.2023  |  2.5345

Latest posts by rdeliason.bsky.social on Bluesky

The career people knew better. I think Halligan was happy to do it.

24.11.2025 20:06 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

And yet, they did.

24.11.2025 20:03 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0

IF this DOJ were smart, they'd let the Comey case go. It's a dog case anyway, and then the judge won't have to issue another opinion w/ findings about all the misconduct in the grand jury investigation.

That's if they were smart. So of course they will do the opposite - appeal and attack the judge.

24.11.2025 18:50 β€” πŸ‘ 380    πŸ” 54    πŸ’¬ 17    πŸ“Œ 1

The way they charged the case, that's correct, at least to some charges. The statute of limitations will not have run for her. It could be re-indicted once there is a validly appointed U.S. Attorney in that office.

24.11.2025 18:34 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Although this judge doesn't rule on it (it's not properly before her), this opinion effectively finds that re-indicting Comey will be barred by the statute of limitations. (See footnote 21).

24.11.2025 18:16 β€” πŸ‘ 20    πŸ” 7    πŸ’¬ 1    πŸ“Œ 0

Happy Thanksgiving to James Comey and Letitia James.

24.11.2025 18:01 β€” πŸ‘ 19    πŸ” 2    πŸ’¬ 1    πŸ“Œ 1
Preview
Opinion | A Victorian-era cannibalism case poses a simple but profound question β€œThe custom of the sea” ended with a landmark conviction in Britain after a shipwreck.

I remember studying this case on the first day of my first-year criminal law class. And my professor's name was Richard Parker - the same name as the cabin boy who ended up as the main course on the lifeboat.

wapo.st/3X9D6cF

23.11.2025 20:38 β€” πŸ‘ 4    πŸ” 2    πŸ’¬ 1    πŸ“Œ 0

It's important to know that the deliberations and vote by the grand jury are not transcribed - they are 100% secret, with no court reporter. So there's no way to verify what the first vote was, other than the foreperson's recollection. That's why we insist the GJ vote on the actual indictment.

19.11.2025 23:37 β€” πŸ‘ 391    πŸ” 56    πŸ’¬ 6    πŸ“Œ 3

Somehow I think "Halliganizing" is going to end up meaning something else . . . .

19.11.2025 22:34 β€” πŸ‘ 16    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Some potential witnesses, such as the government attorneys who were appearing before Boasberg, may need to take the 5th.

19.11.2025 20:56 β€” πŸ‘ 225    πŸ” 62    πŸ’¬ 4    πŸ“Œ 0

Judge Boasberg says he will proceed to fact-finding on whether to hold govt in contempt for sending people to El Salvador against his order on 3/15/25. Preliminarily wants to hear from whistleblower Erez Reuveni & DOJ's Drew Ensign. Will let parties advise how to proceed in writing by Monday.

19.11.2025 19:15 β€” πŸ‘ 1447    πŸ” 331    πŸ’¬ 35    πŸ“Œ 18

Not really incredible - this is a well-known case among prosecutors. In fact the process of re-drafting an indictment to eliminate excess counts or language and then bringing it back to the grand jury for a vote is called "Gaitherizing."

19.11.2025 20:12 β€” πŸ‘ 28    πŸ” 1    πŸ’¬ 2    πŸ“Œ 0

This case is well-known to D.C. prosecutors. In fact, the process of taking an indictment where a portion has been rejected, re-drafting it, and presenting the amended version to the grand jury for a vote is called "Gaitherizing."

19.11.2025 19:50 β€” πŸ‘ 573    πŸ” 62    πŸ’¬ 13    πŸ“Œ 12
Preview
The Comey Prosecution is Imploding Corruption meets incompetence at Pam Bondi's DOJ

"Grand jury practice is a specialized area . . . The idea that Halligan, with no relevant experience, could just jump in and indict a major criminal case on her own without screwing it up required an astonishing combination of arrogance and ignorance."

www.sidebarsblog.com/p/the-comey-...

19.11.2025 19:28 β€” πŸ‘ 43    πŸ” 8    πŸ’¬ 3    πŸ“Œ 1

That's game over. The Constitution requires every felony to be charged by vote of a grand jury.

And due the statute of limitations, the government should not be able to bring the case again.

19.11.2025 19:26 β€” πŸ‘ 44    πŸ” 6    πŸ’¬ 6    πŸ“Œ 0
Preview
The Comey Prosecution is Imploding Corruption meets incompetence at Pam Bondi's DOJ

As the great @annabower.bsky.social is reporting today, the government has now admitted the current 2-count Comey indictment was never actually voted on by the grand jury - a possibility I discussed here.

This case is imploding even faster than I expected.

www.sidebarsblog.com/p/the-comey-...

19.11.2025 19:12 β€” πŸ‘ 239    πŸ” 35    πŸ’¬ 10    πŸ“Œ 2

Wow.

Who could have predicted that if you put someone with zero experience in charge of the grand jury proceeding in a major case she might screw it up?

19.11.2025 19:08 β€” πŸ‘ 308    πŸ” 44    πŸ’¬ 8    πŸ“Œ 0
Preview
The Comey Prosecution is Imploding Corruption meets incompetence at Pam Bondi's DOJ

My latest on Sidebars: the Comey prosecution is falling apart on several fronts. It's extremely unlikely the case ever makes it to trial.

Corruption meets incompetence at Pam Bondi's DOJ.

www.sidebarsblog.com/p/the-comey-...

19.11.2025 14:21 β€” πŸ‘ 87    πŸ” 23    πŸ’¬ 3    πŸ“Œ 1

Reminds me of the old joke: What do they call someone who graduates at the bottom of their medical school class? "Doctor."

18.11.2025 17:35 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Preview
Judge says possible errors by Lindsey Halligan could imperil Comey case In a rare move, the judge ordered prosecutors to hand over records of the grand jury proceeding to the former FBI director’s lawyers.

Halligan suggested to the grand jury that Comey might have to testify to explain his innocence.

Unbelievable. Even a lawyer with zero prosecutorial experience like Halligan should know about little things like the 5th Amendment.

This case likely gets tossed out.

www.politico.com/news/2025/11...

17.11.2025 18:57 β€” πŸ‘ 129    πŸ” 25    πŸ’¬ 12    πŸ“Œ 4

Contempt proceedings potentially could include as a defendant the Third Circuit's newest judge, Emil Bove.

17.11.2025 15:29 β€” πŸ‘ 43    πŸ” 14    πŸ’¬ 0    πŸ“Œ 2

They've already said that, actually.

15.11.2025 23:51 β€” πŸ‘ 33    πŸ” 8    πŸ’¬ 1    πŸ“Œ 0
Post image

NEW: The Nevada Supreme Court has revived the criminal case against the Trump 2020 fake electors, ruling that AG Ford was correct to bring the case in Clark County. www.documentcloud.org/documents/26...

14.11.2025 02:38 β€” πŸ‘ 5195    πŸ” 1136    πŸ’¬ 56    πŸ“Œ 51
Preview
Trump Ramps Up Pressure on G.O.P. to Thwart Epstein Vote

I don't understand the claim the petition would be "dead on arrival" in the Senate even if it passes the House. Sounds like up to 100 House R's may support it. Are the Senate R's really going to be almost unanimous in blocking the release? Very dangerous for them.

www.nytimes.com/2025/11/12/u...

13.11.2025 13:32 β€” πŸ‘ 39    πŸ” 12    πŸ’¬ 1    πŸ“Œ 0

Legislative experts, serious question: this assumes Johnson will abide by the House rules. What if he just refuses to bring it up? What would be the mechanism to enforce it?

12.11.2025 21:39 β€” πŸ‘ 93    πŸ” 8    πŸ’¬ 6    πŸ“Œ 3

Good for the jury - it's gratifying that this case has mustard so much public support.

06.11.2025 20:55 β€” πŸ‘ 38    πŸ” 9    πŸ’¬ 4    πŸ“Œ 0

The arc of history is a foot-long, but it bends towards justice.

06.11.2025 20:25 β€” πŸ‘ 2236    πŸ” 353    πŸ’¬ 26    πŸ“Œ 11
Preview
Trump's Assault on the Justice System Continues Punish your enemies, protect your friends - Part II

My latest on Sidebars: Trump continues to undermine the rule of law by prosecuting his enemies and rewarding his friends. But some guardrails and reasons for hope still remain.

www.sidebarsblog.com/p/trumps-ass...

20.10.2025 13:29 β€” πŸ‘ 11    πŸ” 1    πŸ’¬ 1    πŸ“Œ 1

Called it, unfortunately - although he received "only" a commutation, not a pardon (yet).

18.10.2025 14:14 β€” πŸ‘ 11    πŸ” 3    πŸ’¬ 2    πŸ“Œ 0
Preview
Santos Is Released After Trump Commutes His Sentence

Breaking: from prison, former NJ Senator Bob Menendez announces he has switched parties to become a Republican; praises Trump's genius and compassion.

#satire

www.nytimes.com/2025/10/17/u...

18.10.2025 13:32 β€” πŸ‘ 31    πŸ” 4    πŸ’¬ 2    πŸ“Œ 2

@rdeliason is following 20 prominent accounts