Earlier quoted context omitted.
> they basically won the right to bundle on appeal, If, by “appeal” you mean “settlement negotiated with the new, Microsoft-friendly Administration”, that is correct. That’s not what “appeal” usually means in a legal context.
If you’re convicted of murder because the government dismissed black jurors due to their racial prejudices in order to assure the jury was all white and then the conviction is overturned on appeal and the prosecutor declined to reprosecute, are you guilty of murder? No. You aren’t. More closely: if you take a plea bargain and plead guilty to breaking and entering instead of murder, are you guilty of murder? What if y…
You are suppose to be tried in a public process by an impartial judge and a jury of peers, not making a deal behind closed doors with a prosecutor looking to advance his career.