DOJ Dismisses Indictment While SCOTUS Petition Was Pending
Posted: Thu Apr 23, 2020 7:11 amhttps://reason.com/2020/04/22/doj-dismisses-indictment-of-machine-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:
The government's position:
They desperately do not want this examined on the merits.
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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 ยง 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.