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Circuit Judge Rex Burlison’s “unprecedented” order “places the Circuit Attorney in the impossible position of being a witness, subject to cross-examination within the offer of proof by her own subordinates,”

Unclear at this hour was the statute of limitations issue. Gardner took the case to the grand jury quickly because the statute of limitations was soon to expire.

Defense lawyers wanted to call Gardner because for weeks they have accused her of misconduct. They said she allowed a former lead investigator in the case to commit perjury.

The statement called the tactic part of “a scorched-earth legal and media strategy” that included attacks on “the intentions, character and integrity of every person involved in investigating the Governor’s behavior including Missouri House Committee members, the Attorney General, the Circuit Attorney and her team, his victim, her family and those who have called for his resignation,” Ryan’s statement said.

The defense has accused investigator William Don Tisaby of putting “words in the mouth” of witnesses and removing information favorable to Greitens from reports. He said in a sworn statement that he didn’t take notes during his interviews, but was caught on video taking notes. Tisaby asserted his Fifth Amendment right against self-incrimination in a second deposition, and Burlison had seemed unwilling to allow the defense to call him. Prosecutors have said Tisaby was used only to locate and interview a few witnesses, and they never planned to call him at trial.

The case was dismissed as investigators were unable to find data or photographic evidence to bolster their case in Greitens’ phone, email or Apple iCloud account. There also was no evidence that a photo had been deleted on the day Greitens’ relationship with his hairdresser first became sexual, in 2015, before he publicly announced his run for governor.