[BikerNYC]

No, it's not simple. What's the ground for the motion? A lack of evidence in the grand jury? A federal judge is forbidden to examine grand jury minutes for legal sufficiency of the evidence.

What was the reason the judge dismissed counts in the indictment in the Koch case?

[staylowandkeepmoving]

Sometime dismissal is granted because of a lack of probable cause -- often times dismissal is made because even if the facts are as alleged, it still doesn't constitute a crime.

Only the prosecutor gets to present evidence to a grand jury and gets to frame the legal standard. In the current system, the grand jury is essentially captive to the prosecutors. The defendant doesn't get to present any evidence and their is no judge overseeing the proceeding. Hence, a good prosecutor can get an indictment against a ham sandwich.