US DOJ defends dismissal of charges against Indian billionaire Gautam Adani

The U.S. Department of Justice filed a ten‑page brief in the Eastern District of New York arguing that federal courts cannot second‑guess prosecutors’ decisions to drop criminal cases. The filing, submitted after a judge ordered an explanation, sought to dismiss with prejudice all charges against Indian billionaire Gautam Adani and seven co‑defendants, citing “multiple legal, jurisdictional and evidentiary flaws.”

The DOJ contended that requiring detailed justifications would violate the Constitution’s separation of powers, noting that “The Constitution vests the prosecutorial power in the Executive, not the Judiciary.” It referenced Rule 48(a) of the Federal Rules of Criminal Procedure, which limits judicial review of dismissals, and warned that forced disclosures could deter prosecutors from abandoning weak cases, ultimately harming defendants.

The brief also warned that “The Court cannot inquire into whether the basis for dismissal was ‘good enough.’” and argued that executive‑branch deliberations should remain confidential except in extraordinary circumstances.