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Index/Topics/Presidential Immunity and Prosecutorial Discretion

Presidential Immunity and Prosecutorial Discretion

The topic revolves around the concept of presidential immunity and its implications on prosecutorial discretion, particularly in cases where a president may order prosecutions of political opponents.

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Jan 18, 2026
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Constitutionality of Trump ordering selective prosecution against his political enemies

A president who used the machinery of the Department of Justice to order prosecutions of political opponents would not stand beyond the Constitution: such conduct could violate the Fifth and Fourteent...