Federal law, he said, permits a new prosecution arising out of the same circumstances if an element of the crime that prosecutors must prove would be different.
But the appeals court said the prosecution's evidence "would permit a reasonable jury to find that Bruno performed virtually nonexistent consulting work for substantial payments" and "attempted to cover up" his dealings.
This is not the case on railways, however, where bylaws permit criminal prosecution (with a six-month statute of limitation).
Since the "dismissal" imported no ruling on petitioner's "criminal liability as such," and since petitioner's motion was not attributable to "prosecutorial or judicial overreaching," the court applied the rule permitting retrials after a prosecution is terminated by a defendant's request for a mistrial.
The Justice Department, however, took a much more aggressive approach in this case by charging Ms. Gonzalez with violating other federal statutes that permit the prosecution of any defendant, including foreign officials.
Yet another complicating factor, should the case go to trial as a capital offense, is the fact that the Uniform Code of Military Justice does not permit the prosecution to use deposition evidence in death-penalty cases.
The rules also permit the prosecution to provide the defense summaries only of secret, classified information and limit the defense's right to challenge the basis for secrecy if new information comes to light.
The court broadened the jurisdiction of the special prosecutor, Whitney North Seymour Jr., to permit the prosecution of other people and of Mr. Deaver on charges that he lied in Congressional testimony in May.
Kochman now claimed if the original jury had heard her initial grand jury testimony, Alabama law would not legally permit the prosecution to take the case to trial.
Edwards said that after careful review of Georgia law, he and his staff concluded that state law does not permit the criminal prosecution of a pregnant woman for actions she took against her fetus.
