The Problem With a First Time Offense

Even when the government moves to dismiss, right? Remember, it's they have to get the permission of the court. So for example, if the case is mid trial, the Justice Department can come in and say we moved to dismiss,. Even if it's post trial pending sentencing. And so you could imagine the grounds being stronger saying we just don't think it's a good precedent. That makes it a harder call. The federal pardon power would not apply to state cases.