In Re Issac Washington and Peter Rinaldi

■TJOFLAT, Circuit Judge

(dissenting):

I respectfully dissent.

I agree that the government’s power to dismiss an indictment under Rule 48(a) is not absolute. I also agree that a Petite motion may be denied if granting the motion would be “clearly contrary to manifest public interest,” United States v. Cowan, supra, 524 F.2d at 513. With some hesitation, I agree that, although the primary purpose of the “by leave of court” requirement in Rule 48(a) is to protect the defendant from the government’s bad faith1, a trial judge may use his Rule 48(a) power to prevent other types of manipulation of the…