But the Bush administration has rejected it, arguing it could be used by a malicious prosecutor to ensnare American peacekeepers or other officials through politically motivated lawsuits.
"The stated fear of the United States was that some renegade or malicious prosecutor might some day initiate unfounded political prosecutions against United States citizens," Goldstone writes.
8 P.M. Hallmark Moviee Channel) GOODNIGHT FOR JUSTICE: THE MEASURE OF A MAN (2012) Luke Perry portrays John Goodnight, a fun-loving lawyer turned respectable circuit judge who finds himself in a dusty courtroom in the Wild West with a malicious prosecutor.
Prestia, in his lawsuit, alleges "malicious prosecution," charging that Johnson's prosecutors were "representing to the court that they would be 'ready' for trial, when in fact, they never were".
And as Mosby's tough approach disintegrated, the officers turned the tables they took her back to court and sued her for something prosecutors are traditionally protected from: malicious prosecution.
But to some an "invasion of privacy" charge seemed insufficient; Equality Forum, a national gay-rights organization, released a statement that called the actions of Ravi and Wei "shocking, malicious, and heinous," and urged "the prosecutor to file murder by reckless manslaughter charges".
Part of the problem is that a prosecutor often has to prove malicious intent in order to get murder charges to stick.
In a lawsuit, he has charged "malicious and wrongful" actions by the police investigators and prosecutors, one of whom, District Attorney Charles J. Hynes of Brooklyn, has called similar criticisms in the news media unfair.
The first was that Eichmann, a senior SS officer, was not the malicious organizer of the Nazi death camps, as Israeli prosecutors charged, but rather a mediocre bureaucrat, "a leaf in the whirlwind of time," as Arendt put it; "not a monster" but "a clown".
Moreover, in 1976, the United States Supreme Court granted "absolute immunity" to prosecutors, shielding them from civil liability even for "malicious or dishonest conduct".
In the end, prosecutors abandoned their contention that Michael's conduct was malicious.
