Certainly the exercise of sound prosecutorial discretion would not dictate prosecuting such a case.
But in the case of assisted suicide, prosecutorial discretion will now be accepted as the norm rather than the exception.
It has to do with building on an enforcement decision about prosecutorial discretion and this is about implementing our enforcement priorities.
And while the President has asked the Department of Justice to use prosecutorial discretion to best prioritize law enforcement resources, he cannot nullify congressional law.
This may be good or humane policy, yet there is no reading of "prosecutorial discretion" that allows for blanket immunity for entire classes of offenders.
Mr. WILLIAM SAFIRE (The New York Times): I'm seething inside because I cannot tell you what I really think of the unchecked abuse of prosecutorial discretion.
The government says it is exercising prosecutorial discretion to ensure enforcement resources aren't expended on low-priority cases, such as individuals who came to the U.S. as children.
The loss should be a wake-up call for the Department of Justice, which has failed at times to use prosecutorial discretion and good judgment in high-profile cases in recent years.
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Federal prosecutors need to use something called prosecutorial discretion.
The administration pledged to use prosecutorial discretion to free from deportation proceedings individuals who had been in the country for a number of years, had U.S.-born children, or were otherwise rooted in the United States.
Both groups are upset that the administration's much-hyped policy of applying "prosecutorial discretion" to hundreds of thousands of deportation cases still in the pipeline has turned out to be little more than smoke and mirrors.
But, he said a pardon for Libby would be "worth looking at" because the special prosecutor in the case, Patrick Fitzgerald, "clearly abused prosecutorial discretion" by going after Libby when Fitzgerald knew he was not the original source of the leak.
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