Thread by @BBuchman_CNS

Coming up: On the agenda at USDC EDVA this week: Mueller witness George Nader has a motion hearing. Earlier this month, Nader asked the court to dismiss one of the counts in his indictment: the transportation of a 14 y/o boy w/intent for sexual activity.

Nader sought to dismiss the count on the grounds that congressional expansions of statutory limits did not apply to him because this conduct happened before those limits were enforced.
The government's response? Not quite, Nader.

Prosecutors gave a bit of a legislative history lesson in their motion: We begin here: The default statute of limitations for non-capital federal offenses is five years. In 1990, however, Congress added a new provision.

It stated that no "statute of limitation that would otherwise preclude prosecution for an offense involving the sexual or physical abuse of a child under the age of 18 years shall
preclude such prosecution before the child reaches the age of 25 years.” In 1994, it changed again.

With those changes made, during the time Nader
allegedly committed the criminal acts, the limitations period would have expired when the 14-year-old victim turned 25. Sometime within a year of February 2011.

But that wasn't the end. Laws amended again in 1998, and made effective in 2000 stated: "a person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of
the U.S..."

"...with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined
under this title, imprisoned not more than 15 years, or both.”
But...

In April 2003—more than six years before the original statute of limitations expired—Congress amended
the law to state that "no statute of limitations that would otherwise preclude prosecution for an offense involving sexual/physical abuse or kidnapping of a child under
18...

"shall preclude such prosecution during the *life of the child.*” Then, in January 2006—more than three years before the original statute of limitations expired—Congress went back to the well.
[Asterisk for emphasis]

This time: “No statute of lim. that would otherwise preclude prosecution for an offense involving the sexual or physical abuse or kidnapping of a child under 18 shall preclude such prosecution during the life of the child, or for *10 years after the offense whichever is longer.*"

Then in July 2006— still years before the original limitations period ran—Congress eliminated the applicable limitations and a new provision altogether was added.

It read: "Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201
involving a minor victim..."

So, again, the Q. is whether any of the aforementioned provisions can be applied given that Nader's conduct happened before some of amendments were enforced? Prosecutors say apply away! Because Congress went to great lengths to expand protections for victims of sexual abuse.

You can read the government's motion in its entirety here:
documentcloud.org/documents/6530…
Motion hearing currently set for Nov 1. I'll be there for @CourthouseNews.

@CourthouseNews Background on Nader from June.
courthousenews.com/trump-tower-me…
And then when he faced new charges in July: courthousenews.com/witness-in-mue…

@CourthouseNews At the time the last article was written, it was believed that Nader's trial would begin Sept 30. Obviously, it has since been delayed. Hope to get a better sense of where things are heading during Thursday's motion hearing.