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Judges toss charges against 9 over US Attorney Darin Smith’s ‘deeply concerning’ misconduct
- Three federal judges dismissed felony grand jury indictments against nine defendants due to misconduct by interim U.S. Attorney Darin Smith.
- The misconduct began with Smith's initial remarks to the grand jury and continued in private breaks, potentially affecting impartiality.
- The dismissal is without prejudice, meaning Smith could refile cases with a clean slate if the government proceeds again.
- Defense attorneys asked the judges to transfer cases to Washington, D.C., or a different U.S. Attorney's Office due to conflicts of interest.
- The judges warned of a 'grave doubt' that the indictments were free from influence due to Smith's conduct.
- The article notes Smith attended the January 6 Capitol riot, which has fueled additional scrutiny of his nomination.
- Defendants argued the misconduct could amount to an institutional cover-up requiring disciplinary action.
- Prosecutors defended Smith's actions but were still faced with significant questions about grand jury integrity.
- The order allows the stay to continue until Wednesday or until Smith declines to contest it.
- The cases could be refiled if a new grand jury is empaneled under a clean slate, the order states.
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