Charles Coleman

Well, Don, the first thing I say is I continue to talk about the fact that America's future is in the hands of the judiciary.

And even where this administration seems to look past the rule of law, it is up to the judiciary to make sure that that rule of law is upheld.

And so when you have a magistrate judge,

for our audiences who don't understand how this works, usually what happens is these sorts of warrants and other sorts of pleadings, whether it's a search warrant, an arrest warrant, they are brought to a magistrate judge.

They are assigned to someone who is generally covering a miscellaneous part for the week.

And that person will review the various sorts of pleadings that come before them.

They are not necessarily going to be the trial judge on that case.

They just have this particular assignment for a day or for a week.

It's usually a period of about a week.

And so the fact that a magistrate judge refused to sign the pleading says a lot about what the pleading did not have in terms of being able to make out what they felt was a prima facie case that would allow for the probable cause necessary in order to effect an arrest.

And so the judge essentially said that however this pleading was constructed, whether it was substantively in terms of the actual facts that were alleged as part of the pleading or whether it was procedurally in terms of the actual construction legally of the pleading, it was insufficient for that judge to sign.

Now, here's the reason why that's significant for you, Don, and as for the rest of the audience.

that judge more likely than not is still going to be on duty in that same part tomorrow.

We don't know whether that judge will be on duty next week, but the point is the fact that this was already blocked by a magistrate judge and already reviewed by a magistrate judge puts the government or whoever it was that was seeking to prosecute this case at an uphill battle because now you have to structurally provide something that is markedly different than what was already blocked and what was already rejected.

So either you have to find new or different facts or you have to find or more specific facts or you have to find new or different charges to allege.

Here's why that becomes more of a problem.

Presumably, as speaking as a former prosecutor, you don't.

hole punches with respect to your pleadings.

It's not necessarily that you put everything out there, but you lead with your strongest arguments.

You lead with your strongest pieces of evidence.