Selective Prosecution's High Burden and Comparators

The Supreme Court’s landmark decision granting presidential immunity for official acts has reverberated in unprecedented ways since its issuance. One consequence, as Mary and Andrew note in their recent New York Times essay, is that rather than “preventing the weaponization of prosecutions, the court has unleashed it.” The co-hosts begin here, offering insights into the ongoing prosecutions of James Comey, Letitia James and the suspension of two assistant U.S. attorneys in DC. Next, they move to some updates on the National Guard domestic deployments, as several cases wind their way through the courts. And rounding out this episode, Mary and Andrew turn to the litigation around SNAP benefits and preview Wednesday’s tariff argument before the Supreme Court.

Further Reading:

• Here is Mary and Andrews’ New York Times Essay: How the Supreme Court Paved the Way for Revenge Prosecutions
• And as Mary and Andrew discussed, note the difference between the government's first Sentencing Memorandum in the Taylor Franklin Taranto case compared with the second Sentencing Memo.

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