Andrew P. Napolitano

Normally, when the government asks a judge to dismiss criminal charges against a defendant, the judge will happily do so. This does not occur frequently, but occasionally, the government will reevaluate the strength of its own case and conclude it cannot prove the case beyond a reasonable doubt and to a moral certainty.

​What happens when the government believes it can meet that standard, but for reasons having nothing to do with the strength of its case, it seeks a dismissal? Can the Department of Justice legally, and can its lawyers ethically, hold the prosecution of the Mayor of New. . .

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