What does this mean though: “Mr. Dunn is scheduled to appear next week in Federal District Court in Washington for a preliminary hearing where another magistrate judge, G. Michael Harvey, will determine if there is probable cause that a crime was committed during the sandwich-throwing incident.”
It’s from NYT and is confusing. Why would he appear before magistrate to determine probable cause if grand jury has refused to indict? Does that suggest they are pursuing different charge now?
No, PH is an alternate way of getting your charge, but the defense gets to participate and it’s public.
Thanks for explanation. Is it typical to go to this step after grand jury refuses to indict? Who would’ve requested it - defense or DOJ? I know they only have 30 days to get indictment so wasn’t sure if this was a way for either side to get to resolution in lieu of going to grand jury again.
I’m not a federal trial attorney so I don’t know how typical this is there, sorry! It’s unusual for the GJ to no-bill in the first place, but I don’t know usual next steps. The preliminary hearing was already set as a placeholder before DOJ went to the grand jury.
Thanks so much. Not a lawyer, but I feel like this admin is giving those of us paying attention an informal legal education on the fly. I’m really grateful to you & other lawyers on Bluesky who explain things to the rest of us.