719 F. Supp. 6 (D.D.C. 1989) Cited 21 times
Holding that although the Government acted in good faith in seeking dismissal of two of three counts based on insufficient evidence due to the inability to use classified information and testimony protected by the Fifth Amendment, dismissal should be with prejudice because "pick[ing] and choos[ing] among several charges in a single indictment, proceeding to trial on some, and asking to delay until some future, indefinite date, the resolution of others . . . . lends itself to abuse and is particularly invasive of defendant's legitimate expectations"; the court noted that even if the defendant were acquitted on the remaining count, he "would have to wait in a state of uncertainty and under public obloquy for an indefinite period of time until the government decided that, somehow, for some reason, the time had become more propitious for proceeding with a trial on the second half of the charges"
