Tuesday, May 19, 2020
Some commentators have questioned whether Judge Sullivan has the authority to deny the government's motion. (I)n late 1944, ... the Supreme Court adopted Federal Rule of Criminal Procedure 48: "The government may, with leave of court, dismiss an indictment, information, or complaint" (emphasis added). As Thomas Frampton recently explained in the most thorough scholarly treatment of the rule's history to date, Rule 48's principal object was not to protect "individual defendants, but rather to guard against dubious dismissals of criminal cases that would benefit powerful and well-connected defendants."
Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.