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Expert Analysis

The Constitutional Clash Over The Fokker DPA

Law360, New York (July 9, 2015, 10:57 AM EDT) -- Arguments about separation of powers principles dominate the controversy over a district court's refusal to approve a deferred prosecution agreement (DPA) for Fokker Services BV. In February, Judge Richard Leon of the United States District Court for the District of Columbia refused to approve that DPA as drafted and therefore denied a joint consent motion for exclusion of time under the Speedy Trial Act. (A more detailed analysis is available here.) Both the United States and Fokker sought relief from the order by an appeal to the D.C. Circuit; and the United States, in the alternative, filed a petition seeking the issuance of a writ of mandamus....

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