Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: malach
As Sol Wisenberg stated on Fox, the Fokker Case is controlling in the DC Circuit.

In that case 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." United States v. Fokker Servs. B.V., 818 F.3d 733, 742 (D.C. Cir. 2016).

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.

21 posted on 05/13/2020 8:30:16 PM PDT by AndyJackson
[ Post Reply | Private Reply | To 9 | View Replies ]


To: AndyJackson

Thanks for posting - that ruling deserves it own thread


26 posted on 05/13/2020 8:37:09 PM PDT by 11th_VA (May you live in interesting times - Ancient Chinese Proverb)
[ Post Reply | Private Reply | To 21 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson