Federal Rule 48a states that when a federal prosecutor moves to dismiss a case, the judge has to dismiss it. This rule is now hotly contested, because AG Bill Barr has directed that the charges against Michael Flynn be dropped.
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Judge Emmet Sullivan appointed a retired judge to investigate whether the rule applies here. That judge found "clear evidence of a gross abuse of prosecutorial power." The DoJ responded by announcing that gross abuses don't invalidate Rule 48a.
loweringthebar.net/2020/08/doj-sa…
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loweringthebar.net/2020/08/doj-sa…
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Which led to a hearing in which Trump's DoJ made a jaw-dropping statement: that Rule 48a would be enforceable even if the judge sees the defendant hand the prosecutor a cash bribe immediately beforehand.
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Judge Sullivan: "[On] the first day of trial, in the presence of the court, the defendant’s attorney hands the prosecutor a briefcase overflowing with $20s. It is handed to the prosecutor who is the U.S. Attorney and the Attorney General is standing right there next to her...
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"...And the government, upon receipt of that briefcase, submits … a Rule 48 motion to dismiss...your position … is that the district court has no choice but to grant that motion to dismiss."
Acting Solicitor General Jeffrey Wall: "Yes."
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Acting Solicitor General Jeffrey Wall: "Yes."
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