[Girlene]

Wouldn’t an appeal be double jeopardy?

The case was dismissed because a judge found that the Justice Dept mishandled evidence and violated the guard's constitutional rights. It appears obama is stepping in it again. From the article:

............"Biden expressed his ''personal regret'' for the shooting and said the Obama administration was disappointed by the dismissal. "............

[sodpoodle]

Joe: Please be sure your AG does not violate the terrorists rights so they get a dismissal. That would be stupid.

[Perdogg]

I doubt an appeal will be successful.

[USNBandit]

The court ruling was that the prosecution had used the accused statements, which were granted under an immunity agreement, to build most of their case.

This is a 5th amendment and then fruit of the poisonous tree issue. I think it will be really tough to overturn if the case is judged on the legal merits and not mere politics.

The charges are crap anyway. In addition to the regular charges they were charged with using a machine gun in the crime. Then why doesn't somebody charge the State Dept who got them the clearances to bring those weapons into Iraq?