0bama's lawless interpretation of "prosecutorial discretion" is not only an infringement on the prerogatives of the legislature, but on judges and juries as well. Real prosecutorial discretion requires evaluating the likelihood of a successful outcome on behalf of the people on a case basis.
The idea that a prosecutor could short-circuit the intent of the law by refusing to prosecute broad classes of individuals violates the separation of powers on the front end, but it also violates due process on the back end as well.
Any Federal judge who permits this lawless amnesty to an entire class of people clearly covered by the law is sawing the limb out from under his own authority. That's not something that judges of any political persuasion are especially sanguine about.
Zero sure didn’t care for prosecutorial discretion in the St Swisher and “I can’t breathe” situations
Very good point.