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Legal Ethics and Professional Responsibility

Series

2018

Department of Justice

Articles 1 - 2 of 2

Full-Text Articles in Law

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies Jun 2018

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies

Law Faculty Scholarship

No abstract provided.


May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe Jan 2018

May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe

Articles & Chapters

Suppose the president sought to serve as prosecutor-in-chief telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president's direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …