Federal prosecutors plan to dismiss charges against 28 defendants in drug cases because an FBI agent may have been involved in tampering with evidence including firearms and narcotics.
The FBI is in the process of investigating the alleged misconduct, according to court papers in the matter.
At a court hearing Thursday for four of the defendants, a federal judge said he will review the government's plan to dismiss the cases without prejudice, which leaves the door open for the government to refile charges at a later date.
The U.S. Attorney's Office for the District of Columbia says it is conducting a case-by-case review of matters in which the FBI agent played some role.
The government wants its cake and wants to "eat it too," U.S. District Judge Richard Leon said of law enforcement officials trying to position themselves to refile charges.
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