Wednesday, April 6, 2016

DC Circuit - Executive Controls DPA - Fokker Services Case

The DC Circuit Court of Appeals, Hon. Srinivasan, vacated the district court order in the Fokker case finding that these "determinations are for the Executive - not the courts - to make." The case arose "from the interplay between the operation of a DPA and the running of time limitations under the Speedy Trial Act."  The Court of Appeals held "that the Act confers no authority in a court to withhold exclusion of time pursuant to a DPA based on concerns that the government should bring different charges or should charge different defendants." Some key quotes from the decision -

"The Constitution allocates primacy in criminal charging decisions to the Executive Branch."

"It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences."

"Nothing in the statute's terms or structure suggests any intention to subvert those constitutionally rooted principles so as to enable the Judiciary to second-guess the Executive's exercise of discretion over the initiation and dismissal of criminal charges."

"The context of a DPA is markedly different.  Unlike a plea agreement - and more like a dismissal under Rule 48(a) - a DPA involves no formal judicial action imposing or adopting its terms."

Opinion here.

(esp)

https://lawprofessors.typepad.com/whitecollarcrime_blog/2016/04/dc-circuit-executive-controls-dpa-fokker-services-case.html

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