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Here’s what the path ahead on Comey, James cases may look like

A federal judge’s dismissal of criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, two political foes of President Trump, won’t be the final word on the matter.

The Justice Department says it plans to immediately appeal a pair of rulings that held that Lindsey Halligan was illegally appointed interim U.S. attorney for the Eastern District of Virginia. It also has the ability to try to refile the cases, though whether it can successfully secure fresh indictments through a different prosecutor is unclear, as is whether any new indictments could survive the crush of legal challenges that would invariably follow.

A look at the possible next steps:

What exactly did the rulings say?

At issue is the slapdash way the Trump administration raced to put Halligan in charge of one of the Justice Department’s most elite offices. A White House aide with no prior experience as a federal prosecutor, Halligan was named interim U.S. attorney in September after the veteran prosecutor who held the job, Erik Siebert, was effectively forced out amid Trump administration pressure to charge Comey and James.

U.S. attorneys, top federal prosecutors who oversee regional Justice Department outposts across the country, are typically nominated by the president and confirmed by the Senate, though attorneys general do have the authority to directly appoint interim U.S. attorneys who can serve in the job for 120 days.

But lawyers for Comey and James argued that the law empowers only one such temporary appointment and that, after that, federal judges in the district have say over who fills the vacancy until a Senate-confirmed U.S. attorney can be installed.

Since Halligan replaced an interim U.S. attorney who had already served for more than 120 days, the lawyers said, her appointment was invalid and the indictments she secured must be dismissed as a result.

U.S. District Judge Cameron McGowan Currie overwhelmingly agreed. Currie, an appointee of President Bill Clinton who was assigned to hear the dispute despite serving in South Carolina, not only dismissed the cases but also concluded that Halligan had been serving illegally in her position since the day she was sworn in.

Could the Justice Department appeal?

Yes, and Atty. Gen. Pam Bondi indicated that the department would do exactly that.

Any appeal would first be considered by the Richmond, Va.-based 4th U.S. Circuit Court of Appeals, but theoretically could go all the way up to the Supreme Court and present a fresh constitutional test about the Justice Department’s appointment authority.

Interestingly, Currie implied that her interpretation of the law might be well-received by at least one current conservative member of the Supreme Court.

In a footnote, she cited a 1986 legal memo from Samuel Alito, then a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, that concluded that the Justice Department could not make another temporary appointment after a first 120-day period expired.

Can the cases be filed again?

Since the cases were dismissed “without prejudice,” the Justice Department is clearly able to seek a new indictment against James using a different prosecutor with lawful authority to present to the grand jury.

The question, however, is much trickier in Comey’s case. It’s complicated by the fact that the five-year statute of limitations — or the limited time in which charges can be filed — expired at the end of the September, just days after Halligan raced to present to the grand jury.

Federal law allows prosecutors to return a new indictment within six months of dismissal even after the statute of limitations has passed. But Comey’s lawyers said they will argue the judge’s ruling makes the indictment “void,” and therefore “the statute of limitations has run and there can be no further indictment.”

The judge noted in her ruling that the deadline had passed and suggested that the statute of limitations is not tolled — or paused — in the case of an “invalid indictment.” Quoting from an earlier ruling, the judge wrote that “if the earlier indictment is void, there is no legitimate peg on which” to extend the deadline.

Regardless, the Justice Department in either case would have to convince a new grand jury to return new indictments, and that may be harder given the intense publicity around the cases. Widespread media coverage of the allegations and the defense claims of improper conduct by prosecutors could make it more difficult to find grand jurors who can view the cases impartially.

What happens to the other challenges to the indictments?

For now, those arguments are all moot as the Justice Department labors to salvage the indictments.

But in the event prosecutors do succeed in getting new indictments, they’ll likely have to fend off some of the same challenges that Comey and James had already raised and that remain pending as of Monday’s rulings.

Comey is charged with lying to Congress about whether he authorized an associate to serve as an anonymous source for the news media. James was charged with bank fraud and making false statements to a financial institution in connection with a home purchase in Norfolk, Va., in 2020.

Both have pleaded not guilty and had urged judges to throw out their indictments on grounds that the prosecutions were illegally vindictive and emblematic of a Justice Department that’s been weaponized to pursue the president’s adversaries. Those arguments would presumably be revived in the event of any new indictments.

Comey, for his part, has challenged a series of irregularities in Halligan’s presentation to the grand jury after a different judge who reviewed a record of the proceedings said he had identified a series of flaws — including the fact that the prosecutor apparently suggested to the panel that Comey did not have a Fifth Amendment right to not testify at trial.

He has also said that the testimony he gave to the Senate Judiciary Committee that underpins his criminal case was truthful and that, in any event, the question he was responding to was so vague and ambiguous as to make a false statement prosecution a legal impossibility.

Tucker and Richer write for the Associated Press.

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Unlikely Path Led to Wilson Foe’s Far-Right Challenge : Politics: A computer ‘genius’ with a passion for Greek philosophy, Ron Unz has set out to jolt the GOP.

When 32-year-old theoretical physicist Ron Unz decided to run for governor, even some friends tried to talk him out of it.

“Politics is not the kind of thing you expect geniuses to go into,” said Eric Reyburn, who attended Harvard University with Unz.

Rivko Knox, Unz’s aunt, worried that the race would be brutal. “I said: ‘Can you take criticism? What if you speak and people laugh at you?’ ”

David Horowitz, the conservative activist, was more blunt. Instead of a politician, Unz “looks like a person who reads science fiction novels at night and spends all the rest of his time on a computer talking to other people about science fiction,” said Horowitz, who has spent hours discussing politics with Unz. “I told him: ‘You’re an intellectual. . . . Your passion is ideas. You’ll be murdered.’ ”

But Unz, the soft-spoken owner of a small computer software company in Silicon Valley, calculated the odds and made up his mind. A month ago he formally challenged Gov. Pete Wilson for the Republican nomination, launching a statewide media blitz financed with more than $1 million of his own money.

Ever since, Unz has blistered Wilson, calling him a hypocrite, an opportunist–even a closet Democrat. The ultraconservative long shot has attacked the more moderate incumbent for raising taxes, bashing immigrants and supporting “the pathology of the social welfare state.” Although he has been short on specific solutions, Unz’s relentless debating style and his willingness to spend freely have won over some skeptics.

“I was afraid he would embarrass himself. But he hasn’t. I’m glad he’s out there pushing,” said Horowitz, who has dubbed Unz’s campaign “The Revenge of the Nerds.”

Arnold Steinberg, a Republican strategist, said his reservations have been replaced by enthusiasm. He tried to talk Unz out of running, he said–but ended up signing on as an adviser.

*

Few people believe Unz can beat Wilson–Unz admits that his campaign is an “uphill battle.” Still, some Republicans worry that the young challenger will wound Wilson, making it easier for a Democrat to replace him.

The Wilson campaign, which at first attempted to ignore Unz, recently began responding to him, labeling one TV ad in which he accused Wilson of letting Los Angeles burn during the 1992 riots “a new low” in the campaign. Though their recent tracking polls show only about 8% of Republicans would vote for Unz, Wilson’s camp has begun to take him more seriously, poking into his background–and informing reporters of the results.

Dan Schnur, Wilson’s spokesman, said one call to First Boston Bank, one of Unz’s former employers, yielded this tidbit: Unz is remembered as the only job applicant ever to list his IQ on his resume.

In fact, Unz may have one of the few IQs worth noting on a resume. It has been estimated at 214, a statistic that one intelligence expert describes as “one in a million.” Educated at Harvard, Cambridge and Stanford universities, he has mastered not only theoretical physics and computer programming, but also ancient Greek history. The author of several scholarly papers on the Spartan naval empire, he is probably the only gubernatorial candidate who warms to the subject of Plutarch.

“The history of the Greek city states really gives you a sense of how nations or states can decline,” said Unz, who claims that his many areas of expertise have each helped prepare him for executive office. “People told me that politics can be frustrating. But when you have sat month after month working on the same computer program, you get used to . . . incremental change.”

Braininess does not necessarily yield political savvy. Unz used the mathematical concept of “expected return” to assess whether he should enter the race. Multiplying the probability by the possible payoff, he concluded that if he had at least a one-in-five chance, running would be worth it. But most political experts say he drastically misjudged the odds.

If Unz’s intellect is unique among political candidates, Unz says that is not the reason to vote for him. Instead, he wants people to respond to his ideas–among them, smaller government, fewer regulations and traditional values. He claims he, not Wilson, is in the Republican mainstream.

He rails against bilingual education and affirmative action (policies that he says amount to “ethnic separatism”) and bad-mouths welfare programs that he says foster “irresponsibility, illegitimacy and a total sense of disconnection from the work ethic in American society.”

To hear Unz’s current ideology, one might never guess at his background.

Unz’s ads describe him as “the Republican for governor,” but he grew up a Democrat. He was born in the San Fernando Valley in 1961 and had his first involvement with politics at age 11 when he donned a McGovern T-shirt and accompanied his mother door to door, stumping for the Democratic presidential candidate.

The candidate who vows to “roll back” public assistance programs once relied on those programs for survival–when growing up in North Hollywood, he and his mother were on welfare. Unz, who today describes the culture of illegitimacy as a root cause of crime, was born out of wedlock–a fact that made the young Unz feel “very ashamed,” he said.

Some politicians might use such personal details to bolster their arguments. Unz, by contrast, prefers to keep them at a distance, discussing his childhood only at a reporter’s request.

“I really don’t think my personal background has had much of an impact on my views,” Unz said recently, moments after comparing his mother, Esther–a former high school teacher who he says “made some stupid mistakes”–to TV’s “Murphy Brown.” “The ‘Murphy Brown’ case works great on TV, but it’s not clear to me that it works in practice.”

In his case, Unz says, “the system worked.” Enrolled in public schools, he proved a top student–a math and debating whiz who as a senior in high school became the third Californian ever to win first place in the national Westinghouse talent search competition. Despite his own success story, he firmly believes that welfare does more harm than good.

“The truth is that the cost of living in America, if you’re talking about living relatively simply, is pretty low. The marginal cost of eating simple foods and not starving is minimal. And there . . . would be more charitable organizations in society if these (welfare) programs didn’t exist,” he said, adding that he does not believe that the assistance he and his mother received “was that much of a help.”

Esther Unz recalls things differently. To cut costs, she said, she and her young son lived with her parents. But when she fell ill and was unable to work, she applied for aid. The money she received from the government was essential, she said.

“Ron’s father was out of the picture very soon. . . . But my parents’ home was paid for. What saved us financially completely was there were no rent payments,” she said, adding that her son’s conservative views are something of a mystery to her. “For some reason he turned to the other side. I never tried to structure him as far as (political) party. He just kind of came out this way.”

Despite their differences, she is immensely proud of her son and believes his sincerity and industriousness would make him an effective governor. She has long worried, however, that his penchant for hard work has left him without a fully rounded life.

“Now all I can hope for is he will have time for some extracurricular life,” she said. “And get a girl. Because he has had very few in his life.”

Unz says he wants to marry and have children, eventually. But when he puts his mind to something, he says, he focuses completely. For several years his financial software company, which devises specialized “code” to help Wall Street firms manage their investments efficiently, has been his primary fascination. So far he has not given his personal life the same kind of attention.

A visit to Unz’s large Spanish-style home in Palo Alto reveals a life completely built around work. Three of the five bedrooms–which house his company, Wall Street Analytics Inc.–are filled with files and computer equipment. The rest of the house appears largely unoccupied. He sleeps on a mattress and box spring set on the floor. His spacious living room not only lacks furniture–it is utterly empty.

“I’ve only lived here a year,” he says, nodding toward a well-appointed kitchen he has never used. “Monomaniacal” is the word one friend says Unz uses to describe himself. Asked what he does for fun, he answers: “I’ve been very busy.”

When asked the same question, Unz’s best friends from Harvard do not hesitate. For fun, they said, Unz has always loved to talk politics. “Ron’s idea of a good time at a party is to have five or six people stand around and talk about the issues of the day,” said Reyburn, who fondly remembers a nightly college ritual: dinner, spiced with spirited political debate.

“He’s an intellectual, not a party animal,” recalled Robert Dujarric, another friend who remembers those dinners warmly. “He likes to talk to people. Even though he’s very much at home in the realm of computer software and numbers, he likes to socialize.”

Unz graduated in 1983 with a double major in theoretical physics and ancient history and headed to England. There on a Churchill Science Fellowship, he studied quantum gravitation under Stephen Hawking.

*

While continuing his studies at Stanford in 1986, Unz and two of his former junior high school teachers developed a plan to create a public academy for Los Angeles County’s high-ability students. Despite winning the support of some educators, the proposal was rejected by officials who worried that if an elite school drained off the best students, ordinary schools would become less challenging.

Unz describes this incident, his first deep involvement on a public policy issue, as an eye-opener. He came to believe that if he wanted to improve society, he would have to get rich enough to champion the causes important to him.

He took a summer job on Wall Street in 1987, working in mortgage finance at First Boston Bank. He taught himself computer programming and soon wrote “The Solver,” a program that used the computer to carve up mortgage loans into securities–a series of calculations that until then had been done by hand.

Unz’s work was outstanding, his colleagues recall, and he accepted a full-time job. But some who worked with him said he could be inflexible when he believed he was right. It was that single-mindedness that ultimately led to his departure, they said.

David Warren, a managing director at First Boston who was hired the same day as Unz, recalled: “He came from an academic background where if your professor told you to do x, and you did y because it was better than x, and then you explained your reasoning–your professor shook hands with you and said: ‘Congratulations, you were right.’ He felt that was the way he was going to behave.”

Unz’s bosses did not share this approach. A few months after taking the job, Unz left to start his own company. For the next six years, Unz worked seven days a week, up to 20 hours a day, writing computer code in his modest apartment in Queens.

New York City appalled him. The crime and the poverty proved to Unz that welfare programs not only were not working but were the cause of society’s decline. He began reading Commentary magazine, and was so impressed that he ordered 15 years of back issues. When his long hours started to pay off (his first sale, to a Wall Street investment firm, netted nearly $200,000), he used the money to fund conservative projects.

*

Unz will not say what he is worth, but says he gave hundreds of thousands of dollars to think tanks such as the Manhattan Institute in New York City and to Linda Chavez’s Center for the New American Community in Washington, D.C. Even before moving back to California two years ago, Unz sought out the Los Angeles-based Horowitz to see if he needed funding.

“I wanted to do this book ‘Surviving the PC University,’ ” recalled Horowitz, co-founder of the Center for the Study of Popular Culture. “He said: ‘How much will it cost?’ I said $10,000, and he pulled out his checkbook and wrote me a check.”

“I don’t care much about money,” said Unz, who drives a compact car and has spent more on clothing while preparing to become a candidate than he had during the previous several years. “The whole reason I wanted to make money was to be able to influence policy.”

Late last year, when Unz realized that no other Republican was likely to challenge Wilson, that attitude made it easy for him to volunteer. To others, spending a hard-earned personal fortune to run what in all likelihood will be a losing race might seem crazy. To Unz, it was civic duty.

“The odds are, you lose. But if you don’t try it, you’re sure to lose,” he said, adding that he plans to spend a lot more of his money before the June 7 primary. “A lot of this is patriotism. . . . At some stage, individuals have to decide whether they’re going to make an effort.”

So far, Unz’s rhetoric has been dominated by criticism of Wilson. His lack of specific alternatives has hurt him even among some Republicans who dislike Wilson.

“He’s not for me,” Dieter Holberg, a retired engineer, said after hearing Unz speak at the Riviera Country Club in Pacific Palisades. “You can say, ‘Cut things.’. . . But it would have been long done if it was easy to do.”

But at times he strikes a chord. The California Republican Assembly, a conservative grass-roots organization, has endorsed him. And recently, after hearing Unz blast programs such as prenatal care, drug rehabilitation and “New Age self-esteem counseling,” a few members of UC Berkeley’s College Republicans came away impressed.

“You get a strong sense that here is a fundamentally competent person who is intelligent enough to grasp everything–though that is not the same thing as being able to command or lead. But I don’t particularly think that Wilson leads,” said Gregory Sikorski, 27, a history major. “I will support him now and support the Republican (nominee) later.”

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LA28 changes clear path for MLB to send players to Olympics

Leading off the 2028 Olympic Games: Shohei Ohtani, at Dodger Stadium. On deck: The lighting of the Olympic torch.

That is how the Los Angeles Games could look, based on the revised schedule announced Wednesday by LA28 organizers. In another sign that Major League Baseball is headed toward an agreement to allow its players to participate in the 2028 Games, LA28 adjusted its baseball schedule after discussions with the league.

Under the new schedule, the baseball competition would start on Thursday, July 13, 2028 — the day before the opening ceremony, rather than the day after.

That would give MLB the option to hold the 2028 All-Star Game on its traditional Tuesday date — most likely in San Francisco — with the Olympic baseball competition starting two days later in Los Angeles and ending on Wednesday, July 19. The major league schedule could resume the following weekend.

In past Olympic baseball tournaments, MLB has declined to stop its season, so minor league and college players have populated the rosters of many countries, including the United States. For 2028, MLB had no interest in canceling its All-Star Game and replacing it with the Olympic competition.

However, on the heels of a dramatic World Series that attracted record worldwide attention, and with a highly anticipated World Baseball Classic four months away, MLB would be passing up a global marketing bonanza by skipping the Olympics.

No final deal among LA28, MLB and the Major League Baseball Players’ Assn. has been reached, but MLB commissioner Rob Manfred all but telegraphed this resolution in July, one day after LA28 said its baseball competition would begin on the day after the opening ceremony.

“They put out a schedule,” Manfred said then. “They tell you it’s not going to move. We’ll see whether there is any movement on that.

“It is possible to play the All-Star Game in its normal spot, have a single break that would be longer, but still play 162 games without bleeding into the middle of November. It would require significant accommodations, but it is possible.”

And now, it appears likely.

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NFL Results & Week 10 storylines: Analysis & stats behind Dolphins upset Bills, Patriots path to AFC top seed

Speaking of the Patriots, they’re one of three 8-2 teams in the NFL, all AFC sides, but are they the best?

You can pick holes in New England, Denver and Indianapolis really for feasting on the lesser sides, with only five of their combined 24 victories coming against teams with a winning record – and one of those was the Colts beating the Broncos.

Denver beat the champion Eagles in Philadelphia and are kings of the fourth-quarter while Indy can ride Jonathan Taylor, but the Patriots adding Sunday’s win in Tampa Bay to their primtime success in Buffalo seems like a statement.

Their two defeats came in new head coach Mike Vrabel’s first three games, with seven straight wins, just like Denver, since then – but taking down Baker Mayfield after the Bucs had a bye to prepare was huge.

Drake Maye’s MVP claims won’t go away, and he certainly deserves point for bravery after taking some savage hits in Tampa Bay but hanging in there to steer his side to victory.

The defence is solid and rookie running back TreVeyon Henderson exploded on Sunday with 147 yards and two exhilerating touchdowns of 55 and 69 yards – becoming just the fifth ball carrier to break 22mph this season on his first score.

While you can argue who ‘the best’ is technically, the Pats should be favourites to finish with the best record thanks to their schedule – which includes just one game against a winning team, albeit a huge one against Buffalo.

Visiting Baltimore is also tough, but Denver have it even tougher in the AFC West with the Chiefs to play twice, the Chargers (who could also challenge for top seed but face the same problem) and also the Packers on the schedule.

The Colts also face the Chiefs, and have the Seahawks, 49ers and two games with the 5-4 Jaguars to contend with. There’s a long way to go but the door is open for a shock top seed in the AFC.

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Sen. Chuck Schumer offers path to end government shutdown

Nov. 7 (UPI) — Democrats are ready to end the federal government shutdown if Republicans agree to extend Affordable Care Act credits for another year, Senate Minority Leader Chuck Schumer announced Friday afternoon.

Schumer, D-N.Y., said Senate Democrats favor passing a temporary funding measure and three other bills that would fund the federal government for one year, CNN reported.

“Democrats are offering a very simple compromise,” Schumer said on the Senate floor.

“Now, the ball is in the Republicans’ court,” he added. “We need Republicans to just say yes.”

Schumer’s announcement came after Senate Majority Leader John Thune, R-S.D., earlier said the Senate will work through the weekend to negotiate reopening the federal government and possibly vote after a bipartisan effort failed Thursday.

Thune wanted to hold another vote on the House-approved continuing resolution to fund the federal government through Nov. 21, but Senate Democrats aren’t on board, he told media earlier Friday.

“Our members are going to be advised to be available if, in fact, there’s a need to vote,” he said.

“We will see what happens and whether or not, over the course of the next couple of days, the Democrats can find their way to re-engage again,” Thune added.

Thune earlier this week expressed optimism that a funding agreement would be made this week, but that ended after Senate Democrats met on Thursday.

“All I know is that the pep rally they had at lunch yesterday evidently changed some minds,” he said Friday.

“We had given them everything they wanted and had asked for,” Thune explained. “At some point, I was gonna say they have to take ‘yes’ for an answer, and they were trending in that direction.”

The impasse is due to Senate Democrats not trusting President Donald Trump to agree to extend Affordable Care Act tax credits that expire after December and to stop firing federal employees, The Hill reported.

Senate Democrats held a working lunch on Thursday, as referenced by Thune, during which they rejected a bipartisan proposal to reopen the government.

Sens. Gary Peters, D-Mich., Jeanne Shaheen, D-N.H., and Angus King, I-Maine, had worked out a deal with the GOP, which buoyed Thune’s hope of ending the government shutdown on its record 38th day.

Senate Democrats discussed the bipartisan proposal during their Thursday lunch and rejected it due to their distrust of the president.

The proposal would have included a short-term funding measure to reopen the government and a three-year appropriations bill that would have funded the Agriculture Department, Veterans Affairs, military construction and the legislative branch.

The USDA funding would have meant full funding for currently suspended Supplemental Nutrition Assistance Program benefits.

Lacking strong guarantees that the president would support extending Affordable Care Act credits that initially were enacted during the COVID-19 pandemic and that are scheduled to expire at the end of the year, the Senate Democrats said they won’t support the bipartisan plan to move forward.

Despite the continued opposition from Senate Democrats, Thune doesn’t expect the shutdown to continue into the Thanksgiving holiday weekend at the end of the month, he said while appearing on Fox News Friday.

Thune needs at least five more Senate Democrats to join with Democratic Party Sens. John Fetterman of Pennsylvania, Catherine Cortez Masto of Nevada and King, who caucuses with Senate Democrats, to approve the continuing resolution.

Fetterman, Masto and King consistently have voted in favor of continuing the 2025 fiscal year budget while negotiating the budget for the 2026 fiscal year, which started on Oct. 1.

Republican Sen. Rand Paul of Kentucky is the only Republican senator to continually vote against the measure.

The House-approved continuing resolution consistently has received a majority of support in the Senate, but it has not received the 60 votes needed to overcome the Senate’s filibuster rule for passage.

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