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U.S. v. FOKKER SERVICES B.V.

Nos. 15-3016, 15-3017.

818 F.3d 733 (2016)

UNITED STATES of America, Appellee v. FOKKER SERVICES B.V., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 2016.

Attorney(s) appearing for the Case

Edward C. O'Callaghan argued the cause for appellant. With him on the briefs was David D. DiBari .

Aditya Bamzai , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the briefs were Vincent H. Cohen, Jr. , Acting U.S. Attorney, Mary B. McCord , Principal Deputy Assistant Attorney General, U.S. Department of Justice, Steven M. Dunne , Chief, Appellate Unit, and Elizabeth Trosman and Elizabeth H. Danello , Assistant U.S. Attorneys.

Adam G. Unikowsky argued the cause for court-appointed amicus curiae. With him on the brief was David W. DeBruin , appointed by the court.

Opinion for the Court filed by Circuit Judge SRINIVASAN.

The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive's charging authority embraces decisions about whether to initiate charges, whom to prosecute, which charges to bring, and whether to dismiss charges once brought. It has long been settled that the Judiciary generally...

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