Statute of Limitations

Kash Patel was confirmed as FBI Director today and here we are, nearly 9 years after Democrat operatives spoofed the hack of the DNC, and 6 years after Special Counsel Mueller finished his report.

We’re back in the saddle with big hopes of declassification and disclosure. But will there be criminal charges? There is a difference between whether there could be charges and whether there will be. I don’t believe criminal charges will be pursued.

In general, in prosecuting a conspiracy the statute of limitations runs 5 years from the date of the last overt act. An overt act is simply an action (not necessarily a criminal one) taken in furtherance of a crime.

As an example, in one of the Trump prosecutions, they called Trump tweeting out a link to a news report on alleged election fraud in 2020 an overt act.

One goal of the conspiracy was to influence the 2016 election, the other goal was to keep the FBI confused with circular reporting and to pressure their investigation with malicious intentions. It’s complicated by complicitly at certain levels of the FBI and the Obama administration that I believe are part of the criminal conspiracy.

I would argue that conspiracy to obstruct justice is still a viable prosecution that could be brought. Overt acts could include non-compliance with State Open Records laws, false statements and claims in soliciting funds for legal fee reimbursements, and if they give me a call, there have been actions taken against us that could be considered overt acts.

They could still prosecute a conspiracy case for the next couple years. For now, I would be happy with massive amounts of disclosure.