Title : "Appeals court orders judge to grant DOJ motion to dismiss Flynn case."
link : "Appeals court orders judge to grant DOJ motion to dismiss Flynn case."
"Appeals court orders judge to grant DOJ motion to dismiss Flynn case."
The Washington Examiner reports.From the opinion (which you can read in full at the link):
Although Rule 48 requires “leave of court” before dismissing charges, “decisions to dismiss pending criminal charges no less than decisions to initiate charges and to identify which charges to bring lie squarely within the ken of prosecutorial discretion."... "To that end, the Supreme Court has declined to construe Rule 48(a)’s ‘leave of court’ requirement to confer any substantial role for courts in the determination whether to dismiss charges."... More specifically, “[t]he principal object of the ‘leave of court' requirement is to protect a defendant against prosecutorial harassment when the Government moves to dismiss an indictment over the defendant’s objection.”... Rule 48 thus “gives no power to a district court to deny a prosecutor’s motion to dismiss charges based on a disagreement with the prosecution's exercise of charging authority."
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