Date: October 10th, 2025 3:12 PM
Author: ,:....,..,..,,,....,,....,...
At the federal level the two subsets are selective prosecution and vindictive prosecution. Comey and James have slam dunk arguments for selective prosecution and very good arguments for vindictive prosecution. This doesn’t even get into the problems with the unconstitutional appointment of the ID lawyers to her US attorney role, but that’s not even going to matter since they both drew Biden judges who will consider these motions on the merits.
Selective prosecution means the government targets a person for prosecution based on an unjustifiable or discriminatory reason — not because of what they actually did, but because of who they are or what they believe.
It violates the Equal Protection component of the Fifth Amendment’s Due Process Clause (for federal cases) or the Fourteenth Amendment’s Equal Protection Clause (for state cases).
Federal courts generally require a defendant to prove two essential elements:
1. Discriminatory Effect
• Others similarly situated (people who committed the same or similar offenses) were not prosecuted, and
• The defendant was singled out for prosecution.
2. Discriminatory Purpose
• The government’s decision to prosecute was motivated by an impermissible factor, such as race, religion, political affiliation, or exercising a constitutional right (e.g., speech, protest).
A vindictive prosecution occurs when the government brings or escalates charges to punish a defendant for exercising a legal or constitutional right — for example:
• Appealing a conviction
• Refusing to accept a plea deal
• Demanding a jury trial
• Filing pretrial motions
• Exercising free-speech rights
In other words, the prosecution’s motive is retaliatory, not based on legitimate law-enforcement reasons.
Courts use slightly different formulations, but most federal circuits require proof of three key elements:
1. Exercise of a Protected Right
The defendant exercised a legal right — e.g., appealed a conviction, went to trial, filed a motion, or exercised free speech.
2. Prosecutorial Retaliation or Appearance of Retaliation
The prosecution’s decision to bring, increase, or maintain charges was motivated by a desire to punish the defendant for that action.
• This can be shown directly (e.g., statements, timing) or indirectly (a presumption from circumstances).
3. Causation / Adverse Action
The prosecutor filed or increased the severity of the charges or penalties as a result — for example:
• Filing more serious charges after the defendant refused a plea;
• Re-indicting on harsher counts after a successful appeal;
• Seeking a higher sentence in retaliation.
If those are proven, the court can dismiss the indictment or bar the prosecution
(http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2#49340045)