Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘prosecutorial discretion’

… We are a Nation of Laws …

Posted by paulfromwloh on Monday,January 2nd,2017

.. and we have a right to expect that the Administration enforce the ” body of law ” as a whole .

.. the Federal Government has a need and a right to set priorities and make choices . But , it should be made known that the entire work , the entire ” body of law ” as a whole should be enforce . In that way , our rights and liberties will be safeguarded , and the Government will respect our laws and our system of government …

.. [h/t — RealClearPolitics]..
.. [link] to the commentary ..

.. not treat our system and laws like that of a ” banana republic … “

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Posted in body of law, personal opinion, rule of law | Tagged: , , , , , , | Leave a Comment »

… Busted [#A Fine Whine] …

Posted by paulfromwloh on Saturday,April 12th,2014

.. it seems that AG Holder thinks that he can do whatever he wants …

.. Wrong …

.. ya need to see Congressman Trey Gowdy go at it with Holder . Holder was never a prosecutor . However , Gowdy was before he was elected to Congress . So he knows more than a little on the subject of discretion and power …

.. [h/t — theRightScoop]..
.. [link] to the Congressional Hearing footage …

.. the relevant text …

It’s this exchange that caught my attention:

GOWDY: That’s my point, is that your memo is trumping a congressional statute.

HOLDER: Well, I mean, we always have discretion. And, would you say that…

GOWDY: But you don’t have discretion on whether to the follow the law or not. That’s my point.

HOLDER: No, no, I would disagree in the sense that, taking into account resource constraints, it is incumbent upon those of us in the executive branch to make the maximum use of the resources that Congress gives to us. That necessarily means we’re always making choices about the kinds of cases we bring, how we deal with cases we bring…

GOWDY: But you’re already expending the resources of the prosecution or you and I wouldn’t be having the question. This is all about sentencing. I have no qualms if you say I’m gonna decline prosecution. You have an unfettered right to do that.

What I’m saying is you don’t have the right to say, in mandatory minimum cases, don’t tell the grand jury what the drug amount is.

Holder believe his ‘discretion’ gives him the power to ignore the law as long as he can cite ‘resources’ as the excuse. This is exactly the argument Obama is using regarding deportation of illegals. They ignore congressional law and claim they don’t have the resources needed to fully enforce the law. In reality they are pushing their own agendas which, in this case, is trying to keep minorities out of prison even when drug amounts are severe enough that the law demands prison time.

I would add that Holder also seems fairly outmatched in this debate with Gowdy, as he confuses prosecution and sentencing. Not only does Gowdy expose Holder’s motives, he also exposes what a light weight Holder is when it comes to defending his lawlessness.

.. Holder seems to think that he has unlimited discretion in enforcing the law . No he does not . The overall principle is that he needs to remember that he has to enforce the ” body of law ” as a whole . He may have discretion as to the what and how , but not to discretion that makes policy changes that , in effect , change the meaning of laws passed by Congress ….

Posted in congressional oversight, legal info, legal opinion, personal opinion | Tagged: , , , , , , , , , , | Leave a Comment »