Dan Friedman
@dfriedman.bsky.social
41K followers
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Mother Jones reporter. Covering corruption, foreign influence. Derrick White enthusiast. Signal: danfriedman.67
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Reposted by Dan Friedman
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![MEMORANDUM OPINION
By way of context, a federal prosecutor is the representative not of an ordinary party
to a controversy, but of a sovereignty whose obligation to govern impartially is as
compelling as its obligation to govern at all. The obligation to govern impartially
concerns, above all, the state’s exercise of coercive power—meaning its power to
deprive its subjects of life, liberty, or property . . . As a representative of the state,
a prosecutor’s exercise of coercive power must be impartial . . . [in] that
prosecutorial power may not be exercised vindictively—meaning that the
prosecutor may not punish a defendant for exercising a protected statutory or
constitutional right.
United States v. Zakhari, 85 F.4th 367, 384–85 (6th Cir. 2023) (Kethledge, J., concurring)
(citations and quotations omitted). This context frames review of Defendant Kilmar Armando
Abrego Garcia’s (“Abrego”) motion to dismiss his indictment for vindictive and selective
prosecution. (Doc. Nos. 104–05). The Government opposes the motion (Doc. No. 121), and
Abrego has replied (Doc. No. 127). Abrego’s motion is not ripe for decision because he seeks
discovery and an evidentiary hearing because there is some evidence of vindictiveness here. For
the reasons that follow, the Court holds that the totality of events creates a sufficient evidentiary
basis to conclude that there is a “realistic likelihood of vindictiveness” that entitles Abrego to
discovery and requires an evidentiary hearing before the Court decides his motion. United States
v. Andrews, 633 F.2d 449, 457 (6th Cir. 1980) (en banc), cert. denied, 450 U.S. 927 (1981).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreiclc53pe2byz6kvt66crm25ic7v2jcpxabvsdr25eh53lt5cmgl7e@jpeg)
Reposted by Dan Friedman
Reposted by Dan Friedman
Reposted by Dan Friedman
Reposted by Dan Friedman
Reposted by Dan Friedman
Philip Bump
@pbump.com
· 8d
How Trumpworld inflates the perceived danger of the left
It is stipulated at the outset that there have been gruesome acts of political violence in recent months that appear to have been motivated by hostility to right-wing politics or the administration. T...
www.pbump.net
Reposted by Dan Friedman
Reposted by Dan Friedman
Reveal
@revealnews.org
· 8d
Reposted by Dan Friedman
Reposted by Dan Friedman
