District Court, District of Columbia October 11, 2011, Magistrate 10-739-11 (United States v. Choi)

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

Before the Court is the government’s Petition for Writ of Mandamus [64]. The government seeks a writ of mandamus to prevent Magistrate Judge John Facciola from considering selective or vindictive prosecution as either a defense to the merits of the prosecution of respondent Daniel Choi, or as the basis for a dismissal of the prosecution.