As the US Department of Justice moves to dismiss bribery charges against Indian billionaire Gautam Adani, legal experts say the court has little power to stop it. Prosecutorial discretion lies with the Executive Branch — not the judiciary — and the Department of Justice’s detailed written response has only reinforced that position.
“The Eastern District of New York . . . is known for being a very aggressive office,” Bracewell partner Seth DuCharme told Asian News International. “The Department has responded with far more detail than they typically do. And ultimately if the Department doesn’t want to prosecute the case, there will be no prosecution. Whether Judge Garaufis finds the letter sufficient from his point of view remains to be seen.”
DuCharme held leadership positions at EDNY and Main Justice, including as Principal Associate Deputy Attorney General.
#WATCH | New York | On the US Justice Department defending its move to drop the criminal case against Gautam Adani, US Lawyer Seth Ducharme says, "… The basic principle here is, can a court essentially compel a prosecutor to continue to prosecute a case in which they have… pic.twitter.com/zXtbXTdVNe
— ANI (@ANI) July 6, 2026
