DOJ Dismisses Indictment While SCOTUS Petition Was Pending

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DOJ Dismisses Indictment While SCOTUS Petition Was Pending

Postby jdege on Thu Apr 23, 2020 7:11 am

https://reason.com/2020/04/22/doj-dismisses-indictment-of-machine-prosecution-while-cert-petition-was-pending/
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DOJ Dismisses Indictment of Machine Gun Prosecution While Cert Petition Was Pending

How often does the SG dismiss an indictment while a cert petition is pending, without a confession of error? And is there a connection to the Obamacare case?

The question:

Does Congress's power to tax give it the power to punish the possession of unregistered machineguns under § 5861(d) of the NFA, even though it is impossible to register and pay tax on those machineguns, the law generates no revenue, and the only enforcement mechanism is prosecution?


The government's position:

The government explained in a declaration supporting the application that, "[a]fter consultation with the Solicitor General's Office, the United States Attorney's Office now has determined that dismissal of this criminal case in the interest of justice." D. Ct. Doc. 143, at 5.


They desperately do not want this examined on the merits.
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Re: DOJ Dismisses Indictment While SCOTUS Petition Was Pending

Postby Lumpy on Thu Apr 23, 2020 6:48 pm

Dammit, I'm old, sick and have nothing to lose- prison would be a retirement plan for me at this point. I'd volunteer to be the test case if I only knew for certain it would go to the SCOTUS.
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Re: DOJ Dismisses Indictment While SCOTUS Petition Was Pending

Postby Holland&Holland on Fri Apr 24, 2020 6:34 am

Very interesting.
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