Kuehn & Flitcroft

11/20/2025

So I have heard and seen a lot of "internet talk," on the Comey case, and so called "experts" claiming these irregularities are an easy fix. Whether you like the President or not, that is not the point of this post. The point of this post is to educate people on the system, as well as pointing out why you want to hire a lawyer who actually knows the area of law you are hiring them for.

I suggest you listen to the real lawyers. I am going to go past the "selective prosecution," issue for this post, as I do not think the Court is ever going to get there. This is because federal courts have long been banned from advisory opinions, and are not supposed to engage in them. Given the serious procedural mistakes, I do not think the Court will need to get there.

Comey was charged on Sept. 25, 2025, the Statute of Limitations (SOL) for his charges expired on September 30, 2025. As long as the case is open, they can continue the prosecution. Many Jurisdictions actually filed complaints against "A Person who matches this DNA profile," to prevent sexual assault cases from running SOL. However, if for ANY lawful reason the case gets dismissed AFTER the SOL has run, then the case is gone forever. (ex. the Judge cant say I want to go home early, therefore, I am dismissing my afternoon calendar).

A Federal Grand Jury is as many as 23 people, 16 of a quorum (to actually do work) and at least 12 to vote on an indictment. SO when a US Atty asks for a 3 count indictment, and the Jurors, say no, we find only 2, the prosecutor needs to get a new indictment, with the two counts, and it must be approved by at least 12 jurors. Even typos will cause a new indictment to be typed up. The indictment is the formal charging document and is required under the 5th Amendment. Yesterday, it was conceded by AUSA Halligan that there were only 2 members of the grand jury present to vote on the new indictment. Comey's lawyers objected as there are timelines to get an indictment from the grand jury. That is a fairly big problem.

Additionally, At the Grand Jury Proceeding, Ms. Halligan acting US Atty. essentially said that Mr. Comey had the ability to come here to testify and did not. That is a clear violation of the 5th Amendment, is not the law, and seriously taints the entire process. Add in that apparently the US Government got some specious warrants that would violate Attorney Client privilege, and included them in the presentation really does not bode well for the government in this case.

All in all, I do not see this case lasting much longer. Whether you support the POTUS or not, experience is always cheaper second hand. Do not hire a lawyer to do a job they have no experience in.
It is why we only handle Criminal and Family law matters here.

A U.S. judge on Wednesday repeatedly questioned the validity of the grand jury indictment of former FBI Director James Comey secured by a prosecutor closely aligned with President Donald Trump in the latest signal that the charges may be dismissed before trial.

09/20/2024

Well, this is not something that happens . . . What exactly lead to the argument, let alone escalated to this level is comprehension. We have all had disagreements with co workers. I can not imagine how it got to this level.

The police say a sheriff shot District Judge Kevin Mullins inside the courthouse on Thursday afternoon before turning himself in.

02/01/2024

Chris Kuehn

11/15/2022

Some new information for people in crisis. There is no shame in needing help.

The resources and information on this page are designed to help states, territories, tribes, mental health and substance use disorder professionals, and others looking for information on understanding the background, history, funding opportunities, and implementation resources for strengthening suic...

09/22/2021

EDIT: at of 12:45pm, we are back up and running.

TO all clients who may be attempting to reach either Chris or Anthony on their cell phones. US Cellular (our provider) has a network outage. We have called to see if there may be a time that we can expect coverage to be restored, but we have no information on that at the moment.

The office line and our emails are still working.

Real-time status of U.S. Cellular services. Service down, no cell reception or mobile internet? We'll tell you what is going on.

04/28/2021

This is one of a flurry of articles that I think casts a huge misunderstanding of the criminal justice system, and how things work.

Mr. Chauvin has been convicted of 3 crimes, but he can legally only be punished for one of them This article, among others I have seen does not get this right.

When you have one crime, arising from one act, when you try to parse it out over numerous statutes, it means the charging decision is multiplicious. Many people may have heard of lesser included charges, that is exactly what this is.

The State wanted to give the jury three very different theories it could rely upon to convict Mr. Chauvin. It worked, but it leads the non lawyer to be confused.

The good news is he will be sentenced under the Murder 2 charge (the most serious). While the convictions will remain of record, he will not be sentenced to any time beyond the most serious count. Which means he has a maximum of 40 years in prison.

We did reach out to a Minnesota Attorney who advised that the Minnesota Sentencing Guidelines would call for a 10 to 15 year sentence in this case, the State has asked for an upward departure (while WI State law does not have such guidelines, MN does), which could lead to the maximum term.

Neither murder charge required the jury to find that Mr. Chauvin intended to kill George Floyd. Nor did the manslaughter charge.

11/13/2020

Effective Monday, November 15, 2020. All in person court for clients out of custody is canceled.

Please contact your attorney for how this order impacts your case.

05/26/2020

So it has been awhile, and there are some updates for clients, and potential clients

While the Wisconsin Supreme Court has struck down all but the closing of schools Safer at Home Orders, that had no impact on the administration of Courts. The Administration of Courts is the responsibility of the Wisconsin Supreme Court. The Wisconsin Supreme Court canceled all in person hearings and Jury Trials through May 25, 2020. The most recent order extents these until such time as a local court has submitted a safety plan to the Court Administration Offices for approval.

Walworth County has issued orders to continuing the suspension of jury trials, and the remote hearings.

Currently in person hearings and jury trials are canceled on a week to week basis. My understanding is that some of the provisions will be everyone entering a Court House will be required to wear a mask. They are also working out logistics of resuming jury trials, as well as in person hearings, and witnesses.

That said, People are still being arrested. From what we have been told, people taken into custody will be placed in isolation pending a bail review. If a defendant is held in custody, they will be held in isolation for a minimum 14 day period before being released into general population.

03/23/2020

I have no idea how this is going to change anything. We will keep you posted as we learn what is going on.

Gov. Tony Evers on Monday ordered Wisconsinites to stay in their homes starting this week to fend off the coronavirus outbreak that is ravishing populations worldwide.

03/23/2020

To all potential and actual clients, here is an update on what is going on in the Wisconsin State Court System right now. This includes any case that is handled by this firm.

If you have a legal matter that needs representation, we are taking phone calls, we are accepting emails. We are not making office appointments, we are setting phone conferences. We ask that if you call and no one answers to leave a message so that we can receive it.

If you are an existing client, call or email us. If you call, leave a message, we can check them remotely. Though a response may be a bit delayed. We included our email addresses in your retainer contract. If you have not initiated contact via email yet, now is the time to do so.

In an effort to help prevent the spread of COVID 19 we have very restrictive office hours. If someone tries knocking on the door, we will not be letting anyone in. We are not being rude, but we have family members who COVID 19 may be deadly to, we are not going to risk their lives, furthermore, in the event any of the attorneys get infected, we do not want to risk you taking it to your family.

All Jury Trials in all of Wisconsin have been canceled through May 22, 2020.

All hearings are to be conducted through video or telephone conference. The Court Houses are closed to the Public.

The court is still accepting filings via the e-file system. New actions are being set, just with the new rules in mind.

Remember folks, we are all in this together, and we will get through this.

In an effort to protect the public, attorneys, court staff and judges from the health risks associated with COVID-19, the Wisconsin Supreme Court today issued orders postponing jury trials and temporarily suspending in-person proceedings statewide, with certain limited exceptions.

03/22/2020

First. this is a great way to go to prison. Don't do this.

Second, these tests are totally useless to the public. This "test kit" is designed to take a sample from a person. That sample is then sent to a lab, and certain chemicals applied to get a result.

An Arizona man stole dozens of unused coronavirus testing kits from a health clinic on Friday while posing as a delivery driver, investigators said.

03/16/2020

EFFECTIVE March 16, 2020. Our Office will be closed to the public until at least April 2, 2020.

All clients should know that we take your safety seriously, and we are still available by phone or e-mail. Because of the public nature of the practice of law, we do not want to infect someone in the case we become infected.

Any current or potential clients can "meet" with us via phone or video conference.

This is also not just our office. The Counties of South Eastern Wisconsin have canceled jury trials for the next two weeks, Courts are heavily encouraging litigants to reset their hearings to reduce public traffic in the court houses and contain the spread of COVID 19.

We encourage everyone to take this situation seriously and stay safe. Social Distancing is a proven way to combat any infectious disease.

Coronavirus disease 2019 (COVID-19) is a virus (more specifically, a coronavirus) identified as the cause of an outbreak of respiratory illness first detected in Wuhan, China.