Amherst professor Austin Sarat comments on the number of bills recently introduced in many red states to curb prosecutorial discretion when it is exercised in ways that do not conform to their tough-on-crime agenda. Professor Sarat argues that prosecutorial discretion is an indispensable component of a society governed by laws, and that these bills violate the separation of powers, threaten to politicize prosecution, and, in so doing, undermine the rule of law.
Amherst professor Austin Sarat explains why, even if there is a strong legal case for prosecuting former president Donald Trump for inciting the January 6 insurrection, doing so may not be the wisest thing to do. Professor Sarat suggests that the Attorney General can and should put together a record for history to judge, but going forward with even a well-grounded prosecution of Trump would almost certainly turn him into a martyr and bring this country ever closer to the abyss it is already fast approaching.
