"Fraud on the Court" is where any officer of the court (attorney or judge) makes any misleading statement that is used by the judge in rendering an opinion.
If Fraud on the Court occurs, it results in a void judgement, which can be overturned by the offended party in a new lawsuit.
Here, the fraud revolves around the evidence presented by the prosecution. With tainted evidence, there is no evidence at all. The judge has no choice but to dismiss the case.
And yes, Jack Smith should be arrested -- by Florida officials, because the crime occurred in Florida.
Of course, the feds will claim that Smith is a federal prosecutor, so it is a federal issue ... BUT ... Smith was never lawfully granted federal authority over this case, and so he has been acting in his own personal capacity, egaging in fraud in the State of Florida.
Until the final credits roll we don't know who the white hats and black hats actually are. DeSantis may just be following his script in this drama - and doing it well!
"Fraud on the Court" is where any officer of the court (attorney or judge) makes any misleading statement that is used by the judge in rendering an opinion.
If Fraud on the Court occurs, it results in a void judgement, which can be overturned by the offended party in a new lawsuit.
Here, the fraud revolves around the evidence presented by the prosecution. With tainted evidence, there is no evidence at all. The judge has no choice but to dismiss the case.
And yes, Jack Smith should be arrested -- by Florida officials, because the crime occurred in Florida.
Of course, the feds will claim that Smith is a federal prosecutor, so it is a federal issue ... BUT ... Smith was never lawfully granted federal authority over this case, and so he has been acting in his own personal capacity, egaging in fraud in the State of Florida.
Will DeSantis have the balls to do it?
That would be a good, redeeming move for DeSantis...
Until the final credits roll we don't know who the white hats and black hats actually are. DeSantis may just be following his script in this drama - and doing it well!