Ed Morrissey

It sounds as though these counts had some legal defect in the original indictment that will have to be cured. Dismissing them without prejudice means prosecutors can refile those charges under some other conditions that cures whatever defects McAfee saw in these charges. He didn't dismiss the RICO count, however.

We're still waiting for the ruling on the DQ motion. McAfee says he's reached his decision but needs to finalize his written ruling, and that it will come out no later than Friday. It's interesting that he chose to get this off his desk first. Maybe it's a sign that a new prosecutor will need to look at these charges?