Post-war prosecutions may also come into conflict with the need to cement the rule of law, as such prosecutions often require departures from the rules of procedural justice.
Among those on the list were William Keeler, the chief executive of Phillips Petroleum, who pleaded guilty, during the post-Watergate prosecutions, to making an illegal corporate donation.
"This is definitely a post-9/11 prosecution where the government wanted to send a false message to the nation that we are safe," Ms. Baker said.
While the Supreme Court famously struck down the government's effort to enjoin The New York Times and The Washington Post from publishing military secrets, the justices upheld the constitutionality of post-publication prosecutions.
Throughout, the book highlights the important themes related to any post-conflict prosecution scheme including rule-of-law concerns, questions of evenhandedness and moral relativism, competing priorities and resource allocation, the limits of a court-centered approach to justice, and the potential transformative power of prosecutions.
That case, which government officials have highlighted as one of the most serious post-9/11 prosecutions and as an indication of how aggressively they are pursuing potential terrorist plots, involves a sting operation last August that led to the arrest of a British citizen, Hemant Lakhani, 69.
According to the Post, the prosecution argued Leibel killed Kasian because she was paying more attention to their baby daughter than him.
"Every aspect of today's post-9/11 prosecutions echoes the political persecutions that existed during the civil-rights movement and during World War II against the Japanese Americans," she said.
But the former deputy AG is also expected to be asked about his positions on current hot-button topics, none more so than whether or not members of the Bush administration should face post-office prosecution.
"Did taking out that patrol decrease your ability to defend Observation Post Mest?" the prosecution asked.
Rather, our analysis addresses flaws in the lower courts' treatment of post-McCleskey selective-prosecution claims.
