when-the-government-successively-supersedes-an-indictment

QUESTIONS PRESENTED 1. When the government successively supersedes an indictment, fails to appoint Article III judges, does not run a thorough conflict check of a protected witness that it chooses not to disclose to the defense, and the district court takes years to decide pretrial motions — all of which delays the time it takes to bring the defendant to trial — should the government, rather than the defendant, bear responsibility for such delay? 2. Cana defendant making a speedy trial claim still show “prejudice” under the Fourth Factor in Barker v. Wingo when the defendant is not incarcerated for the majority of time he awaits his trial? i