...is appropriate for at least Count 3 (assuming she wins in SCOTUS), and probably safest to do it for C4 as well.
...is appropriate for at least Count 3 (assuming she wins in SCOTUS), and probably safest to do it for C4 as well.
Also important to note that this is solely based on the Superseding Indictment. I am not familiar with all of the evidence introduced at trial, which could change things.
If evidence solely relevant to (SCOTUS overturned) Count 6 somehow tainted 3 &/or 4, new trial on that/those count(s). But by then she would have served a large% of 10 year sentence. I don't see Trump pardoning or commuting anytime before a SCOTUS decision (assuming cert. grant).
New trial with seemingly new prosecutor since Coney was fired. Why no harmless error analysis? Unless you're implying that there is and you believe that it wouldn't be a harmless error?
No. You are correct. HEA.
Bottom line: Getting Count 6 thrown out would be a huge win for Machelle which could possibly open up other downstream wins like new trial (if prejudicial error) and T pardon or commutation (of the few years left on her sentence).