Monday, September 10, 2007
Adam Nossiter of the NYTimes has a fascinating article that tells of forthcoming scrutiny of the prosecutor's decision to proceed on the case of former Governor Don Siegelman. The article raises interesting questions concerning prosecutorial discretion, and it looks like Karl Rove may have some questions to answer.
Prosecutors clearly have enormous prosecutorial discretion in their charging process. The discretion often becomes heightened by the fact that many federal statutes have enormous breadth. This provides more power to the decisionmaker in his or her determination of whether to charge a crime. With recent DOJ happenings and political appointments and dismissals, it is clearly necessary to scrutinize high-level decisions that might have improperly been influenced by the political system.