Conflict Is Grounded In the Federal System's Separation of Powers

On June 5 Chief U.S. District Judge Graham Mullen issued an unusual order declaring he would no longer accept plea agreements negotiated by federal prosecutors and defense attorneys in which defendants waived and the government retained rights to appeal the sentence. "The undersigned is of the opinion that such agreements are unconscionable," wrote Mullen in a one-page order, citing no statutory or case authority.

On June 9 David Brown, assistant U.S. Attorney, filed a "motion to reconsider" for the government.

[continues 692 words]