Prosecutorial Discretion
6 Articles
How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes
A retired judge advocate explains how a future administration could decide who to prosecute for the illegal strikes on alleged drug-trafficking boats.
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."
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…
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…
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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