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Catching Up with the Jan. 6 Contempt of Congress Cases

The Lawfare Podcast

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Does the Justice Department Get to Choose Whether or Not to Bring These Cases?

The justice department has taken the position over many years that where an executive branch official is the potential target of the contempt prosecution, that the president must retain the discretion not to prosecute. The memo written by ted ols in 19 82 on this question, for the first time, laid it all out. It also relies on this idea that, you know, congress can't force particular prosecutions to go forward.

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