 Pending retrial , Glasser was free on $ 2 @,@ 500 bail . Attorney General Francis Biddle appointed Edward A. Kelly as a special assistant to consider whether Glasser should be retried . Kelly recommended that Glasser not be retried , and Biddle wrote to Judge Evan Alfred Evans of the Seventh Circuit asking him to assign a judge to the <unk> pros motion ; Judge Evans assigned himself . Over the protests of Judge Evans , all charges against Glasser were dropped on January 6 , 1943 . Kelly argued to Judge Evans that there would be insufficient evidence at a retrial because much of the original evidence would not be admissible if Glasser were retried alone . Judge Evans was " suspicious " of the motion and " all but argued that the case had been fixed . " Glasser returned to private practice . 
