[staylowandkeepmoving]

Of course judges throw these types of counts often. These prosecutors load up the indictment with all sorts of crap to try to: a) get headlines (it works) and b) extort a settlement (oops!). It's not unusual for a judge to throw out 80% of the government's case before trial in corporate cases.

None of us know what MS did or whether it was a crime. We do know that the prosecuter is a bold-faced liar when he stands up and claims that the government is handling this case like any other case -- YEAH, RIGHT ... these guys call hour-long press conferences for all of their cases...

[BikerNYC]

On what ground can a federal judge dismiss a count in an indictment before trial? It just doesn't happen without the government's consent.