[staylowandkeepmoving]

It's simple; the defense makes a motion (this is the first time the defense gets to be heard), the judge hears it, the prosecutors argue their point, and then the judge rules.

For instance, in the Koch Industries case, the judge threw out ~ 90% of the charges before the trial.

The key is this; until the charges are filed/indictment handed down, the defense isn't heard from. If you are the defendant, you don't get to make your point in a legal venue until you're charged and a judge isn't involved until after the indictment.

[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?