Comments by "" (@manofsan) on "Fox News"
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Unprecedentedly, Judge Sullivan has appointed retired former Judge Gleeson to issue an Amicus brief. But here's something interesting:
In a July 1, 2013, memo and order in the case of U.S. v. HSBC, then-U.S. District Court Judge Gleeson seemed to side with the idea that prosecutors have “near-absolute power” to drop a case.
“The government has absolute discretion to decide not to prosecute,” Gleeson wrote at the time. “Even a formal, written agreement to that effect, which is often referred to as a ‘non-prosecution agreement,’ is not the business of the courts.”
Gleeson went on to say that “the government has near-absolute power under [the Federal Rules of Criminal Procedure] to extinguish a case that it has brought.” He cited Rule 48(a), which says: “The government may, with leave of court, dismiss an indictment, information or complaint.”
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