Tuesday, February 2, 2021

Acting AG to federal prosecutors: "seek justice in every case"

Stuff is happening.

Last Friday, the acting US Attorney General rescinded the 2017 Sessions Memo instructing prosecutors to "charge and pursue the most serious, readily provable offense," and reinstated a 2010 Holder Memo instructing prosecutors to individually (and fully) assess each case when making decisions regarding charging, plea negotiations, and sentencing advocacy.

Last Wednesday, the acting US Attorney General rescinded the zero-tolerance policy with respect to unlawful-entry prosecutions.

The bottom line in both memos was this: seeking justice in every case "requires considerable judgment." Policies that don't take individual circumstances into account are inconsistent with justice.

It's a good start. But it's only a start, intended as a temporary measure "while longer-term policy is formulated." Stay tuned . . .





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