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Failure to prosecute earlier lies with Erik Siebert, the prosecutor, who tried to slow-walk it.
DoJ should have checked him out earlier, Siebert is practically Comey's family (Siebert's father-in-law is Richard Cullen, Comey's daughter's godfather), and his side-kick was Comey's son-in-law, Troy Edwards!
BUT Siebert was recommended by Gov. Youngkin, whose advisor is Cullen, and Siebert was confirmed by the Senate.
However, other than being very frustrating , none of it makes any difference to the actual case now. They had to bring it in the Eastern Division of Virginia. EDVA judges were always going to throw the case out of court. It will be probably be re-instated on appeal, or the DoJ will refile.
Then the activist judges will play more games with discovery or try to dismiss it again. Then it goes to Virginia Jury..
So the chances of the case "succeeding" in a legal sense are slim. But it will be a huge revelation to the public about the state of the US judicial system if/when this criminal gets off.
The real case is in Florida, this is just a sideshow.
Keep Calm.
Carry On.