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Message: Bureau Chief Shamiso Maswoswe specifically directed a prosecutor to target (a) Trump himself, (b) Truth Social, (c) Hewlett Packard without having a credible reason for targeting the organizations and the listed individuals.
It is fundamentally unconstitutional for a prosecutor to target and charge individuals without evidence of a crime. Under the U.S. Constitution, several safeguards strictly prohibit the government from bringing arbitrary or baseless criminal charges against a citizen. The primary constitutional principles that protect individuals from being targeted without evidence include the Due Process Clause (the Fifth and Fourteenth Amendments).
When a prosecutor targets a specific person instead of investigating a specific crime, it crosses the line into severe ethical violations, including selective prosecution, vindictive prosecution, or general prosecutorial misconduct. The avenues for termination or removal from office depend on the type of prosecutor:
1. Line Prosecutors (Staff Attorneys)
Line prosecutors are hired employees (assistant district attorneys or assistant U.S. attorneys). They can be fired immediately by their boss (the District Attorney or U.S. Attorney) for this behavior.Abuse of Discretion: While prosecutors have wide “prosecutorial discretion” to choose which cases to pursue, they are legally barred from selecting targets based on arbitrary classifications, political retaliation, or personal malice.Bad Faith: Bringing criminal charges in bad faith to punish or retaliate against an individual—especially without realistic hope of winning a conviction—is a textbook definition of prosecutorial misconduct and ground for termination.
2. Head Prosecutors (Elected or Appointed Officials)
If the person doing the targeting is the head of the office—such as an elected District Attorney (DA) or an appointed U.S. Attorney—they cannot simply be “fired” by a manager, but they can be removed through other means:
<><>Gubernatorial Removal or Impeachment: In many states, a governor has the power to suspend or remove an elected DA for “malfeasance in office” or gross neglect of duty.
<><>Alternatively, state legislatures can impeach them.
<><> Federal U.S. Attorneys serve at the pleasure of the President and can be fired by the President at any time for any non-illegal reason.
<><>Voted Out: Elected prosecutors face accountability at the ballot box if the public or political leadership determines their targeting is a waste of resources or an abuse of power.