Articles Tagged with “United States District Court for the District of Columbia”

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One of the massively frustrating things about federal criminal procedure is that you cannot normally challenge, through a pretrial motion, whether the facts that the government think happened actually violate some criminal law.

By contrast, in a civil case, if I’m suing you, you can file a motion that says my lawsuit should be dismissed. This is a good thing.

For example, suppose I file suit against you and say, in my complaint, “You gave me a banana. That was negligent. The Court should give me 20 million dollars. A jury trial is requested.” The very first thing you would do is file a motion that says “Matt said that I was negligent, but didn’t say how, other than that I gave him a banana, which is not normally negligent. His law suit should be dismissed.”