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Ol Janx Spirit

(818 posts)
32. It's not technically illegal, but can be both grounds to throw out the case...
Tue Feb 3, 2026, 02:26 PM
Yesterday

...or for the victim to sue later.

It is an interesting statute that really tends to favor the prosecution as it basically requires that the case run its course and result favorably for the defendant.

To succeed, a plaintiff must establish that a state actor initiated a criminal proceeding without probable cause, acted with malice, and the proceeding ended in the plaintiff's favor.

Getting a grand jury to return a true bill on a case gives the prosecutor the cover of probable cause. After that they are basically immune to any repercussions.

Federal prosecutors generally possess absolute immunity from malicious prosecution claims for actions taken within the scope of their prosecutorial duties--even if they act in bad faith, knowingly prosecute innocent people, or withhold evidence.

But, as in all things law: it is complicated at both the state and federal level.

So, what do these federal prosecutors really have to lose? They get to take the trial all the way to the end and maybe convince a jury that the defendant is guilty, and the worst case for them is that the case is resolved in favor of the defendant.

You can do a lot of damage to a person's reputation and bank account along the way to that end.



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Well, it's not like they have anything more important to focus on. nt eppur_se_muova Yesterday #1
Our tax dollars at work. n/t forgotmylogin Yesterday #19
I thought Rebl2 Yesterday #44
This will not go over well.... Lovie777 Yesterday #2
I think he has received a very poor prognosis about his health Skittles Yesterday #3
Not One Human Being Other Than Himself. Literally...... ColoringFool Yesterday #11
His "care" for her is very much like most incestuous parent's "care." Maru Kitteh Yesterday #23
absolutely correct Skittles Yesterday #38
Also to do as much damage as he can before the midterms. tanyev Yesterday #12
well it's pretty obvious they intend to steal them Skittles Yesterday #39
Except this is precisely why Republicans voted for a agingdem Yesterday #5
"I am your retribution." Prof. Toru Tanaka Yesterday #20
This is absolutely the dumbest thing they could do, and, is accelerating their downward spiral. Oneironaut Yesterday #22
Oh my gawd BlueWaveNeverEnd Yesterday #4
More bad news every day. mucifer Yesterday #6
Bondi is in the top 5 to be prosecuted if we ever survive this mess Chasstev365 Yesterday #7
Didn't some of these people swear in their confirmation hearings, under pain of perjury, Alice B. Yesterday #10
They all believed they would be getting blanket pardons that cover their testimony and Maru Kitteh Yesterday #24
Ugh just ugh :( Alice B. 23 hrs ago #47
In his post about Trevor Noah he said something that stood out: IcyPeas Yesterday #8
So affordability no longer a priority? Johonny Yesterday #9
I thought affordability was a new made up term? IbogaProject Yesterday #30
It's not like he has anything else to do. Swede Yesterday #13
Should TACO go after Barack and Michelle Obama, LOOK OUT!!! ProudMNDemocrat Yesterday #14
As do Hillary and Bill Clinton (Yale) niyad Yesterday #45
I can see it now maxrandb Yesterday #15
He needs to name a Grand Inquisitor dalton99a Yesterday #16
Someday we will use this as textbook evidence of what we don't want in a president Baitball Blogger Yesterday #17
So how is he going to act when they tell him that 77 million plus people hate the adjudicated 34 count convicted turbinetree Yesterday #18
Isn't there a statue on the law books stating malicious prosecution is illegal ? kimbutgar Yesterday #21
It's not technically illegal, but can be both grounds to throw out the case... Ol Janx Spirit Yesterday #32
Perhaps "immunity from malicious prosecution"... GiqueCee Yesterday #43
Trump wants indictments before the midterms Jersey Devil Yesterday #25
He needs twice daily meetings with a team of psychiatrists. milestogo Yesterday #26
They can't get a dictatorship, but they can get revenge. tinrobot Yesterday #27
This is News? Harris, Pelosi, HRC told us flat out that Donald was a Russian agent and he had enemies Botany Yesterday #28
Isn't targeting people with all these frivalous doc03 Yesterday #29
No, but that is a claim the defendants can try to make at trial--well, not the contempt part; but... Ol Janx Spirit Yesterday #34
They're meeting daily about this, not just weekly! tblue37 Yesterday #40
Sorry, yes, daily! That just shows how desperate they are to come up with... Ol Janx Spirit Yesterday #41
Grand Juries will not indict. If they do... Justice matters. Yesterday #31
More taxpayer money being wasted. mdbl Yesterday #33
Propaganda, page 2: Conduct ongoing "Show Trials" Duncan Grant Yesterday #35
That's not fascist at all! sakabatou Yesterday #36
Need more concentration camps. moondust Yesterday #37
Witnessing Trump's staggering stupidity... GiqueCee Yesterday #42
He will not live to see any of these play out. I predict that his passing will be sudden and unexpected. QueerDuck Yesterday #46
They are losing their focus and striking out randomly. A good sign that they are losing control. Martin68 22 hrs ago #48
That's rich Grim Chieftain 22 hrs ago #49
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