Before his trial can begin, the judge must decide on a motion by DeLay's attorneys to move it from Austin and the prosecutorial misconduct motion; that could delay its conclusion until well into the new year.
My friends, I would say, if we didn't have a case before that, then that is making a case inside of this room, for frankly, I think we have a case against the chief accuser, to have left his prosecutorial role and moved to be the witness-in-chief, the fact witness when all Mr. Starr could offer us was nothing but hearsay...
The legal rationale for the move was "prosecutorial discretion" — the concept that law enforcement agencies with limited resources must set priorities.
But relying on aggressive prosecutorial zeal also carries risks, particularly as investigators move closer to wounded companies that have associations to senior administration officials.
The 2001 proposal would have given board lawyers prosecutorial power and changed the venue for trials: moving them to the city's Office of Administrative Trials and Hearings from the department's trial rooms at Police Headquarters.
JSTOR dropped its charges, but the government chose to pursue the case aggressively, in a move that was widely condemned as prosecutorial overreach by lawyers, friends, and fellow-activists.
The Trump administration moved last year to revoke Obama-era prosecutorial guidance that generally urged non-intervention with local marijuana laws.
Republicans, meanwhile, have said Obama's move is a radical overreach beyond prosecutorial discretion, and potentially an impeachable offense.
Within the Justice Department, the expected departures of Mr. Labella and Mr. Desarno have aroused fears that Republican critics will view the moves as a slowing down of a prosecutorial effort that was just beginning to show results.
This particular move is based on the concept of prosecutorial discretion, which law enforcement agencies use to prioritize who they go after, in order to focus their limited resources.
