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Prosecutorial Discretion

Refusing to Defend Unjust Laws: Prosecutorial Discretion or Prosecutorial Nullification?

Bennett L. Gershman | Posted 04.29.2014 | Politics
Bennett L. Gershman

Holder decries a law that is not only morally repugnant, as Johnson did, but also almost certainly unconstitutional. Defending such laws, as the Republican attorneys general claim they must do, may be a principled exercise of discretion, but a foolish and irrational one.

Coffman Again Walking Back Extreme Statement

Jason Salzman | Posted 02.03.2014 | Denver
Jason Salzman

Yesterday, the Denver Post's Allison Sherry reported that Coffman's spokesman "tried to soften the congressman's assertion last week that he is looking into whether to sue President Barack Obama on abuse of power, saying, 'litigation, legislation -- all of it is on the table.'"

Overcharging George Zimmerman With Murder

Bennett L. Gershman | Posted 08.31.2013 | Crime
Bennett L. Gershman

The first week's testimony in the Zimmerman trial shows clearly that Special Prosecutor Angela Corey overcharged Zimmerman with murder in the second degree.

A Shameful Moment: House Members Vote Against Children, Public Safety and National Security

National Council of La Raza | Posted 08.07.2013 | Latino Voices
National Council of La Raza

While many in the GOP are working to rebuild the party's relationship with America's Latinos, some Republicans in the House GOP appear ready to sing the same old poisoned song on immigration, with Rep. Steve King (R-Iowa) leading the chorus.

Elise Foley

House Votes In Support Of Deporting Dreamers

HuffingtonPost.com | Elise Foley | Posted 06.06.2013 | Politics

WASHINGTON -- The House voted 224-201 on Thursday to end Department of Homeland Security discretion policies that allow it to delay deportations for y...

Killing Jody Arias -- Is the Prosecutor Playing God?

Bennett L. Gershman | Posted 07.28.2013 | Crime
Bennett L. Gershman

Arizona, along with California, are the only two states that allow the prosecutor to try again for the death penalty after a jury has been unable to agree on imposing death, and the judge has declared a mistrial of the penalty proceeding.

Radley Balko

Feds Say Trespassing Peace Activists Are A National Security Threat

HuffingtonPost.com | Radley Balko | Posted 05.20.2013 | Politics

In another case of possible overreach by federal prosecutors, an 82-year-old nun and two anti-nuclear activists face long prison terms after being con...

Prosecutor Shaming: Florida State's Attorney Ed Brodsky

Radley Balko | Posted 05.11.2013 | Politics

Last May, Sarasota County, Florida Dep. Dominic Fornal claimed he could smell marijuana coming from the inside of a car he was following at 35 miles p...

Prosecutor Shaming: Berkshire, Massachusetts Second Assistant District Attorney Robert W. Kinzer III

Radley Balko | Posted 04.30.2013 | Politics

Mr. Kinzer thinks we must protect sexting teenagers from ruining their lives . . . by ruining their lives. As the head of the DA's computer cri...

Inequality, Capitalism and a Nation of Men

Bruce Judson | Posted 04.28.2013 | Business
Bruce Judson

John Adams famously sought to create "a government of laws and not of men." Sadly, I suspect John Adams would be disappointed in the nation today.

In Remembering Aaron Swartz, Let's Not Forget Jamel Dossie

Ian Bassin | Posted 03.27.2013 | Politics
Ian Bassin

Often it takes a rare injustice perpetrated against a privileged young person for our society to recognize the common injustices we visit every day upon less-privileged minorities.

Elise Foley

Mississippi Joins Lawsuit Against Obama Immigration Policy

HuffingtonPost.com | Elise Foley | Posted 10.10.2012 | Politics

WASHINGTON -- The state of Mississippi joined a lawsuit Wednesday against the Obama administration over its decision to stop deporting some undocument...

Gay Binational Couples Need More Than Discretion

Erwin de Leon | Posted 12.08.2012 | Gay Voices
Erwin de Leon

Now, if President Obama is re-elected, he can issue an executive order recognizing legally married same-gender couples, granting them immigration and other benefits. Judging from the past four years though, the chances of this happening are slim to none.

Elise Foley

Same-Sex Couples To Be Officially Considered Families In Deportation Decisions

HuffingtonPost.com | Elise Foley | Posted 09.28.2012 | Politics

WASHINGTON -- Department of Homeland Security Secretary Janet Napolitano said Thursday that she will instruct immigration agents to consider same-sex ...

Elise Foley

Immigration Agents Sue Federal Government Over Deferred Action

HuffingtonPost.com | Elise Foley | Posted 08.23.2012 | Politics

WASHINGTON -- Arizona immigration law author and Kansas Secretary of State Kris Kobach is representing 10 immigration agents in a lawsuit filed Thursd...

Reminding Christopher Crane That He Is President of the ICE Union, Not the United States

David Leopold | Posted 10.03.2012 | Politics
David Leopold

It is nothing less than shameful, indeed scandalous, that this ICE bureaucrat would work in cahoots with the president's political opponents to thwart legitimate policy objectives.

Phantom of a DREAM

Aggie R. Hoffman | Posted 06.23.2012 | Latino Voices
Aggie R. Hoffman

So, why was such fanfare made of this two year provision? Was it the EAD? Was this election year politics? Is this a peace offering by President Obama for not tackling promised immigration reform during his first two years in office?

House Votes on Immigration: An Opportunity for Bolder Executive Action

Mary Giovagnoli | Posted 08.13.2012 | Politics
Mary Giovagnoli

There's still time to turn the ship around, starting with bolder, more concrete action to protect DREAMers from deportation and better implementation of the existing prosecutorial discretion memos.

Elise Foley

House GOP Votes To Defund Obama Immigration Efforts

HuffingtonPost.com | Elise Foley | Posted 06.08.2012 | Politics

WASHINGTON -- The House voted on Thursday to kill nearly every action by the Obama administration to reform the immigration enforcement system, approv...

Seventh Inning Stretch in the Trial of Roger Clemens

Judge H. Lee Sarokin | Posted 08.05.2012 | Crime
Judge H. Lee Sarokin

The perjury case against Roger Clemens for lying to Congress in 2008 has entered its seventh week; the prosecution having rested after calling 24 witnesses. Most murder trials don't take this long.

Elise Foley

U.S. Closes 2,600 Deportation Cases Deemed Low Priority

HuffingtonPost.com | Elise Foley | Posted 04.20.2012 | Politics

WASHINGTON -- A review of about 300,000 pending deportation cases resulted in 2,609 men and women being allowed to stay in the U.S. -- at least tempor...

Mandatory Minimum Gun Laws Ensure Nothing But Disparity

Julie Stewart | Posted 06.19.2012 | Politics
Julie Stewart

If you were not already convinced that mandatory minimum sentencing laws are a colossal fraud, recent developments in New York City should convert you.

The Unchecked Charging Power of the Prosecutor

Radley Balko | Posted 06.13.2012 | Crime
Radley Balko

The power prosecutors have to charge people with crimes is often overlooked.

Would Jesus Belong To A Country Club?

Andy Watts | Posted 03.31.2012 | Religion
Andy Watts

My point is this: white privilege is a system of social advantage that connects the courts to the fairways and the boardrooms to club dining rooms.

Elise Foley

No Conviction, No Freedom: Immigration Authorities Locked 13,000 In Limbo

HuffingtonPost.com | Elise Foley | Posted 03.28.2012 | Politics

WASHINGTON -- On a single day this past fall, the United States government held 13,185 people in immigration detention who had not been convicted of a...