Not a word from CNBC that the DC Circuit Court referenced the Fokker case in their order as well as nary a word from CNBC that the DC Circuit Court invited the DOJ to weigh in re the Writ of Mandamus.
Typical for NEM to ignore the relevant issues.
What is NEM?
United States v. Fokker Servs. B.V., 818 F.3d 733, 742 (D.C. Cir. 2016) is the controlling case in the DC circuit. The DC COA held: “[T]he `leave of court’ authority gives no power to a district court to deny a prosecutor's Rule 48(a) motion to dismiss charges based on a disagreement with the prosecution's exercise of charging authority.”
The case further held:
The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive's charging authority embraces decisions about whether to initiate charges, whom to prosecute, which charges to bring, and whether to dismiss charges once brought. It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences.
http://freerepublic.com/focus/f-news/3847274/posts?page=32#32