The US Department of Justice (DOJ) has argued that federal courts should not question prosecutors’ decisions to withdraw criminal cases, stating that such authority rests exclusively with the Executive Branch under the US Constitution. In a filing before the US District Court for the Eastern District of New York, the department said requiring detailed explanations for dismissing charges against billionaire Gautam Adani and seven co-defendants would violate the constitutional principle of separation of powers.
The submission was filed after the court sought clarification on the DOJ’s request to dismiss all charges with prejudice. The department argued that courts have traditionally accepted brief motions for dismissal and warned that forcing prosecutors to provide detailed justifications could expose confidential internal deliberations, discourage the withdrawal of weak cases, and unnecessarily delay justice for defendants.
The DOJ further stated that Rule 48(a) of the Federal Rules of Criminal Procedure gives courts only a limited role in such matters. According to the department, the rule is intended to protect defendants from prosecutorial harassment rather than allow judges to review or second-guess prosecutors’ decisions on whether criminal charges should proceed.
