Two key points I’d like to discuss are the investigative process, and charging decisions.
How long does it take to do an investigation?? Let’s compare…
a) hunter biden’s tax/gun/FARA case takes 5+ years
b) allegations of massive voter fraud takes fewer than 5 weeks
Why such disparity in the length of the investigation?
Does being “declared” winner in an election make it all but impossible to investigate fraud?
Decisions on whether to prosecute/declinations (or other appropriate avenues and terms I haven’t mentioned.)
a) When does the end of legal jeopardy “really end”?? Is it over when a decision is made not to prosecute? Or is there still some legal jeopardy depending on the reasons for no prosecution or declination??
Anyone with actual information on the subject would be appreciated. Maybe @Safiel or someone else with some good info could flesh this out a bit.
I don’t have any insight into investigations, aside from stating the obvious - there’s no standard.
But I can answer this:
The “end of legal jeopardy” comes when the Statutes of Limitations run out. Until then, there’s nothing stopping a prosecutor from changing their mind, even if they’ve previously decided to not prosecute, other than the PR issues.
One caveat to that: It is possible that the target of the investigation in some way changes their legal position in reliance on the DA declining prosecution, and that change of position would prejudice their defense in a subsequent prosecutorial change of heart. For example, the DA in Pennsylvania declined prosecution of Bill Cosby so that a civil case against him could go forward. Cosby testified in a deposition and incriminated himself. The transcript was then used when a new DA decided to prosecute, and the incriminating statements were prejudicial to his defense. He was convicted, but the PA Supreme Court overturned the conviction because Cosby had relied on the initial decision to decline prosecution in deciding to give a deposition in the civil case.
