Brace yourself for the greatest prosecutorial discretion event in history

As Barack Obama finishes his final year, his attorney general, in all likelihood, will execute the greatest instance of prosecutorial discretion in the history or our nation.

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.

Prosecutorial discretion has also been described as a type of legal “triage.”  When the ability or capacity to prosecute is curtailed or restricted, the cases that are the most egregious are moved to the top the list, and those less so are dismissed, thus the discretion.  (In traffic court, there are ten speeders and only the capacity to prosecute five.  Those over the speed limit to the greatest degree are prosecuted.)

Of late, prosecutorial discretion is in high use within the illegal immigration crisis regarding the limited numbers of courts and judges.

But what indeed is required is reasoning and legal ground to employ the “discretion.”  As time passes, as the Democrat nominating convention nears, the reason that eventually will be employed for this discretion gains weight.

Loretta Lynch has already broken the seal on her foray into the morass of prosecutorial discretion.  She dismissed the IRS investigation.

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[.]

Lerner is just the beginning.  The IRS dismissal, large enough on its own scale and importance, will be but a side event in this attorney general’s career.  For the longer the Hillary email “scandal” plays out, the more protracted the discovery and analysis by the FBI, and the deeper into the campaigning and nomination process we go, the less likely any indictment of Ms. Clinton.  It will likely involve a discretionary event by Loretta Lynch.

The more Hillary becomes the likely nominee, the greater the political aspects of the FBI’s work.  To now dethrone the Democrat nominee with an indictment is much more difficult than if it had been done after the Iowa caucus.  And the closer we get to the convention, the more distasteful and difficult any action against Hillary.

Just as Bill Clinton’s lying to a grand jury could not bring impeachment, for it would be too difficult for the country, we might just have his wife creating a very similar “difficulty” for the country.  “What would it say of our system, our country?” will be the mantra if she is indicted at the 11th hour.  The compliant media will assist in developing such reasoning and afford Loretta Lynch her justification for prosecutorial discretion and a dismissing of any charges that might prohibit Hillary from further campaigning or serving as president.

Hillary’s popularity and the “no harm, no foul” argument will be used.  And that is only if Mr. Comey goes the distance.

Brace yourself.

As Barack Obama finishes his final year, his attorney general, in all likelihood, will execute the greatest instance of prosecutorial discretion in the history or our nation.

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.

Prosecutorial discretion has also been described as a type of legal “triage.”  When the ability or capacity to prosecute is curtailed or restricted, the cases that are the most egregious are moved to the top the list, and those less so are dismissed, thus the discretion.  (In traffic court, there are ten speeders and only the capacity to prosecute five.  Those over the speed limit to the greatest degree are prosecuted.)

Of late, prosecutorial discretion is in high use within the illegal immigration crisis regarding the limited numbers of courts and judges.

But what indeed is required is reasoning and legal ground to employ the “discretion.”  As time passes, as the Democrat nominating convention nears, the reason that eventually will be employed for this discretion gains weight.

Loretta Lynch has already broken the seal on her foray into the morass of prosecutorial discretion.  She dismissed the IRS investigation.

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[.]

Lerner is just the beginning.  The IRS dismissal, large enough on its own scale and importance, will be but a side event in this attorney general’s career.  For the longer the Hillary email “scandal” plays out, the more protracted the discovery and analysis by the FBI, and the deeper into the campaigning and nomination process we go, the less likely any indictment of Ms. Clinton.  It will likely involve a discretionary event by Loretta Lynch.

The more Hillary becomes the likely nominee, the greater the political aspects of the FBI’s work.  To now dethrone the Democrat nominee with an indictment is much more difficult than if it had been done after the Iowa caucus.  And the closer we get to the convention, the more distasteful and difficult any action against Hillary.

Just as Bill Clinton’s lying to a grand jury could not bring impeachment, for it would be too difficult for the country, we might just have his wife creating a very similar “difficulty” for the country.  “What would it say of our system, our country?” will be the mantra if she is indicted at the 11th hour.  The compliant media will assist in developing such reasoning and afford Loretta Lynch her justification for prosecutorial discretion and a dismissing of any charges that might prohibit Hillary from further campaigning or serving as president.

Hillary’s popularity and the “no harm, no foul” argument will be used.  And that is only if Mr. Comey goes the distance.

Brace yourself.