Thanks for filling in the record. I was speculating about the other defense. That strikes me as incredibly petty and stupid. It was no reason Congressional members should have been compelled to testify even if they had not asserted the privilege. That was pure grandstanding by Bannon. This judge is really showing his colors. He is looking like a political actor, much like members of the supreme Court
Thanks for the clarification, though I’ve never heard of an indictment being dismissed after trial and a conviction. I don’t know why the judge is even considering it and asking to be briefed….unless he just wants to make an appeal more difficult.
It doesn’t affect the appeal either way. How he rules will just frocked who files the notice and pays the filing fee.
I mean by showing he considered an argument, thereby foreclosing a reversal to require him to. Admittedly, that's weak given that an appellate court will uphold a trial court if there's any reason to do so.
The motion to dismiss raises a question of law. He wants it briefed. The appellate court would look at it de novo