Although Fed. R. Crim. P. 7, allows a defendant to waive the right to be indicted by a grand jury, the prosecutor retains the discretion to proceed by indictment regardless of the defendant's preference. See Rattley v. Irelan, 197 F.2d 585 (D.C. Cir. 1952).
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211. Prosecutorial Discretion to Allow
Updated December 18, 2015