Barbara McQuade

And that sometimes can trip up prosecutors because they don't have anybody ready to go within 70 days.

In this case, that might be a very good strategy, because if the only one at the Eastern District of Virginia's office who's willing to take this case is Lindsay Halligan, she does not seem ready for prime time with the skills required and experience required to handle a federal criminal case.

So prosecutors are required to take great care not to charge people just to put them through the wringer.

And so this to me feels like an abuse of those principles, an abuse of that process.

One of the things that was instilled in me as a U.S.

attorney in making these kinds of charging decisions was just because you have the power to do something doesn't mean it is wise to do so.

So could they get a grand jury indictment here?

Yeah, I guess they were able to muster sufficient probable cause, at least for two out of three of the charges.

Although we know from reporting that only 14 out of the 23 grand jurors voted to indict.

That is astonishing because now at trial, you've got to convince everybody.

Twelve jurors and all 12 of jurors unanimously have a much higher standard guilt beyond a reasonable doubt.

And so even though you can charge someone just with the bare bones minimum of probable cause and just if you can convince a majority of the grand jurors.

It's unethical to do that unless you believe that the evidence is sufficient to obtain a conviction at trial.

Now, you don't need a slam dunk, but it needs to be probable that, yeah, I think I got it.

Of course, there's always the chance of a holdout juror.

The evidence doesn't come in the way you expected it to.

But you have to believe, like, it's likely I'm going to get a conviction at trial.

I just can't believe anybody looks at this case and thinks that's true.

Yes.

So it is not unusual for a president to replace U.S.