To those here with more legal expertise, what happens next if she dismisses with prejudice, for selective prosecution? Does the DOJ appeal her dismissal upwards? Do they get to refile it?
Just asked my general counsel that question.
Yes, the DOJ can appeal. Normally, they never would. But there is no “normal” with this DOJ.
If she dismisses with prejudice, it is Game Over.
They have to start a whole new case...which has to be totally different from the present case. In other words...different charges.