Posted on 11/19/2015 7:41:33 AM PST by SeekAndFind
This seems to be one of the more popular phrases popping up in both the State Department and the Justice Department these days: prosecutorial discretion. Even though the phrase seems fairly self-explanatory, here’s a quick definition:
Prosecutorial discretion refers to the fact that under American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation. This discretion of the prosecuting attorney is called prosecutorial discretion.
The reason the term is important is because it’s cropping up more and more in certain high profile cases inside the Obama administration. National Review’s Joel Gehrke comes up with the latest example and it involves none other than Lois Lerner. She was due for a meeting with some legal eagles after her hearings on the Hill, but that never came to pass. The decision to pass on the matter lands in the lap of Attorney General Loretta Lynch.
Justice Department officials used “prosecutorial discretion"to shelter former IRS official Lois Lerner from a grand jury after she was held in contempt of Congress.
"I believe that in the exercise of prosecutorial discretion, the matter was handled and was resolved,"Attorney General Loretta Lynch told the House Judiciary Committee on Tuesday morning.
The administration's invocation of prosecutorial discretion has become familiar to lawmakers through the debate over President Obama's recent series of executive orders on immigration, and it frustrates Republicans. Lynch's answer particularly annoyed Representative Darrell Issa (R., Calif.), who led much of the investigation into the IRS's Tea Party targeting scandal when he was chairman of the House Oversight and Government Reform Committee.
This exchange clearly had Issa feeling a bit on edge and he cited a bit of law which was intended to show that Lynch was falling down on the job. He read to her from the federal statute governing congressional contempt citations. It’s an interesting approach on his part. Here’s the relevant text. (Emphasis added)
Whenever a witness summoned as mentioned in section 192 of this title fails to appear to testify or fails to produce any books, papers, recÂords, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session or when Congress is not in session, a statement of fact constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.
I’ll have to pitch this one to the professionals, but it seems to be a rather exceptional set of circumstances under the law. In normal practice for criminal cases around the country, law enforcement gathers evidence to make the best case they can and turns it over to the District Attorney who may or may not bring the case to trial. Most commonly, if they find the case so weak that they’re pretty sure they’ll lose in front of a jury, they’ll just pass on prosecuting it. Nothing wrong with that, and it saves the taxpayers a lot of time and money in chasing cases which most likely can’t be won. If it’s a case involving someone they have a personal connection to they’re suppose to recuse themselves.
This statue, as it applies to Contempt of Congress, seems to be worded a bit differently. It clearly removes any options from the President of the Senate or the Speaker of the House in terms of certifying and processing the case by saying, “and he shall so certify.” Then, the appropriate United States Attorney – being somebody from the Justice Department – is told that it is their “duty” to bring the matter before a grand jury. Does this remove the option of just passing on the case? Did Lynch break the law?
For another case of prosecutorial discretion, reference Huma Abedin’s embezzlement case.
It’s the rare politician that ever pays for breaking the law.
In other words: no prosecutorial discretion in this case.
She is not following the law.
Grounds for removal from office.
Grounds for impeachment of Obama if he does not remove her.
And typically a Republican, under false charges oftentimes.
Unless you are a conservative.
Of course Lynch broke the law! She’s a bought and paid for toadie no different than the previous Obamunist-fascist in that position, Eric Holder.
Rudy Giuliani had the gall or nerve to say recently that Lynch would prosecute Hillary Clinton if the evidence led to that, to which I say “what you be smokin’ Rudy?!?”
It’s hard to get a following admin to take action against a previous b/c they don’t want to be next...
but this cannot stand.
If it does, they’ll be sorry as Trump steamrolls them.
No controlling legal authority?
At this level, calling the decision not to pursue indictment “prosecutoral discretion” is just another way of saying we decided to let her get away with it because she’s on our team. It’s what they do in banana republics.
Lynch’s only job is finding ways to get around US Law
I long for a president that at sometime after his cabinet is all seated, to make it painfully clear to them that you are responsible for every employee in your department and it doesn’t matter who you are, where you’ve come from, who your rich daddy may be.......if you break the law I will prosecute you to the full extent of the law, be you Republican or Democrat......head of the department or janitor.
In other words common law doesn’t apply to the ruling elite and their lackeys.
Lois will need a Presidential pardon, or she will be prosecuted by the next administration.
“Loretta Lynch: Lois Lerner was protected by prosecutorial discretion”
In other words the dictatorial regime give free reign to their agents to conduct unlawful activities. Great country we surrendered to the bastards.
“Grounds for impeachment of Obama if he does not remove her.”
The power of impeachment belongs to the House of Representatives. The House has been controlled by the Republican Party since January 2011. Since then a total of zero administration officials or government bureaucrats have been impeached by the House.
Actions speak, words without action don’t. If Ryan and Issa aren’t prepared to use the remedy provided for in the Constitution, they should stop wasting time, money, and the hot air they are spewing. Obama, Lynch, Reid, and Pelosi know the GOP leaders are windbags. Therefore they constantly act with impunity.
From my perspective it is better to try and fail than to do nothing but pontificate. Apparently Mr. Issa, Mr. Ryan, Mr. McConnell, my GOP Congresswoman, and my two GOP US Senators disagree. They have the power, they know my opinion. They have chosen to pontificate but not to act.
Meanwhile, the nation goes to hell.
lerner was not prosecuted to protect the white house.
Three translations here:
1. We, the regime, have investigated ourselves and found that we would be wasting the taxpayers time and money by trying to charge and gain a conviction of us.
2. Silly boys and girls of the United States, we never charge ourselves with any crime.
3. Congress!?!? Contempt of Congress!?!? Oh please, Congress is so yesterday. Pen, Phone, f__k you Congress. What the hell are you going to do about it, impeach me? Racism, Furgeson, Safe Zones, got it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.