Who is the Prosecutor Here?: Rule 48(a) and the Michael Flynn, January 6, and Eric Adams Cases

FedSoc Forums

The Federal Rule of Criminal Procedure 48(a) reads, “The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.” This rule has recently been used by the Justice Department in cases like the Mayor Eric Adams case and January 6th cases. In both instances, judges have questioned the reasons for the dismissal and revealed unsolved conflict between permissive and restrictive views of the judge's role, both to explore executive decisions of the prosecution and whether to dismiss indictments with or without prejudice to their later renewal. This panel will discuss the rule and its recent uses, along with questions regarding the government’s motivation to dismiss such cases and just how far judicial review can and ought to go when approving the dismissals.
Featuring:
Prof. Paul Cassell, Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Andrew McCarthy, Senior Fellow, National Review
William Shipley, Attorney, Law Offices of William L. Shipley & Associates
Moderator: Hon. John C. Richter, Partner, King & Spalding
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