Given the upcoming 2012 election, it makes sense for the government to seek to appeal this ruling as soon as possible. An appeal before judgment is an “interlocutory” appeal, and in my earlier post I said I did not know if the government would be able to bring such an appeal.
A reader passes along the following:
[The order] is appealable under 18 USC 3731, which authorizes government appeals of dismissals of indictments (in whole or in part):
“In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution….”