In fact, the very case Judge Sullivan cited for the proposition that he had the inherent authority to appoint an amicus curiae—United States v. Fokker—made clear Sullivan’s order was lawless.

“So understood, the ‘leave of court’ authority gives no power to a district court to deny a prosecutor’s Rule 48(a) motion to dismiss charges based on a disagreement with the prosecution’s exercise of charging authority. For instance, a court cannot deny leave of court because of a view that the defendant should stand trial notwithstanding the prosecution’s desire to dismiss the charges, or a view that any remaining charges fail adequately to redress the gravity of the defendant’s alleged conduct. The authority to make such determinations remains with the Executive.”