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That would be WITH prejudice. It doesn't appear his motion says either way, and I'm guessing he just doesn't want to take a stand. But it may not matter. I don't think it would be able to be refiled anyway.I'm interested in knowing that as well. From what I understand, it will probably be without prejudice because Jack Smith needs to basically wrap up everything in order to be able to release a public report. If they retained the right to re-file, it wouldn't really be over (MOO) and we wouldn't see the report.
That's just all MOO based on what I've read and heard but I could be wrong.