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Hynes's tenure was marked by a legacy of questionable prosecutorial actions, including pushing weak cases and a number of wrongful convictions, the victims mostly being black people.
"It would still inject raw emotion into what should be as calm and rational a process as possible, and it threatens to block prosecutorial actions necessary to put really dangerous criminals behind bars," said Terri Ann Schroeder, an A.C.L.U.
The implication of the DOJ's prosecutorial actions against the AP may be even more serious than it appears.
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But he said officials were still concerned that a Congressional inquiry could cause "disruption of our initial witness interviews, the delay and disruption of our document collection, and the tainting of any future criminal prosecutorial action because of Congressional grants of immunity to witnesses".
Donaldson convened religious leaders and local activists disturbed by the lack of police and prosecutorial action on crime in Sanford's black community.
Among the critical roles of the attorney general is to determine priorities among myriad possible prosecutorial investigations and actions by the Justice Department and how aggressive to be in pursuing them.
But if, as administration officials have suggested, the executive action expands prosecutorial discretion and provides work permits for beneficiaries, a consensus is forming among legal experts that few legal barriers would stand in the way.
Meanwhile, Presidents of both political parties have been using prosecutorial discretion to allow deferred actions [pdf] on deportable individuals for decades, and President Obama's new policy [pdf] still must be applied by federal officials on a case-by-case basis with no guarantees.
We should not be halfway committed to justice, prosecutorial discretion and taking definitive action.
For immigrants who come forward and qualify, Homeland Security authorities will use prosecutorial discretion to grant deferred action, a reprieve that will be valid for two years and will have to be renewed.
At the heart of the action is something called Prosecutorial Discretion.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com