“There’s a difference between what we know happened and what we can prove in court, what is admissible evidence,” Bladet said.

District Judge Tanya Chutkan, has to decide before the actual trial commences what evidence proffered by the DOJ will be admissible.

The net effect of all these arguments is to increase the probability that some of Pence’s powerful testimony will ultimately be admissible at trial.

“It is our office’s responsibility to ensure that we have a complete picture of the admissible evidence available before making a filing decision.”

The Crown Office said after careful consideration of the facts and circumstances of the case, including the available admissible evidence, there should be no proceedings against the officer at this time.