Prosecutorial Discretion

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An image of former President Donald Trump speaking on the phone is displayed during the third hearing of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 16, 2022 in Washington, DC.

Failing to Prosecute Trump Reflects – and Feeds – US Rule of Law Erosion

Prosecution of subordinates but not Trump, writes a former federal prosecutor, "threatens the idea of an impartial legal system."
Attorney General William Barr (C) speaks during a press conference on the shooting at the Pensacola naval base January 13, 2020 in Washington, DC.

Criminalizing Foreign Relations: How the Biden Administration Can Prevent a Global Arrest Game

The U.S. President is undoubtedly the chief U.S. diplomat, but is he or she also the chief prosecutor? Donald Trump clearly thinks so, stating once his grave misunderstanding that…
Trump and Barr

Politically Motivated Prosecutions Part II: Refuse, Report, Resign

In Part II of this series, Kristy Parker and Erica Newland explain how DOJ's career prosecutors should respond when they become aware of, or are asked to participate in, politically…
Trump and Barr speak without face masks East Room of the White House on July 22, 2020.

Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…

Contempt Prosecutions Require Comity Between Branches of Government, Now Add Trump

The campaign season for the midterm elections is in full swing, with the Republican majorities in the House and, to a lesser extent, Senate in some peril. Should we have a divided…
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