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1. On Flynn. My practical knowledge of prior adjudication jurisprudence is limited to civil practice. I presume a dismissal with prejudice operates as an adjudication for double jeopardy purposes but what I don't know is how extensive it is. Civil cases apply "merger and bar."
2. So if civil action arose out of a common nucleus of facts, the claims that could have been brought are also barred. But if that does not apply to criminal cases, here is what the Flynn information alleged. So my question to the experts, can they charge the FARA violation?
My dear departed mother taught us as children that, in the world of spooks, things are seldom as they seem. 😎
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