Tuesday, November 18, 2008
Prosecutors have enormous power. They can pick and chose who to indict and for what crimes. The saying goes that a prosecutor can get a grand jury to indict a ham sandwich if the prosecutor wants that (see here for history of this phrase) -although some may claim otherwise. The prosecutorial discretion that comes with the charging power is often criticized, but prosecutors often contend that it is necessary for them to have such discretion.
The use of prosecutorial discretion is likely to be something that is examined in a Texas County of approximately 20,500 people (see here) as it looks like charges may be brought against one very high level official, and another who used to be in a top position. See CNN, Texas Grand Jury Indicts Cheney, Gonzales; Huffington Post (AP),Cheney, Gonzales Indicted By South Texas Grand Jury; Christopher Sherman, Houston Chronicle (AP), Dick Cheney, Alberto Gonzales indicted in S. Texas -Charges related to alleged abuse of prisoners in federal detention centers; Dallas Business Journal, Grand jury indicts Cheney, former AG