Trey Gowdy: “Thank you, Mr. Chairman. Mr. Chairman, prosecutorial discretion encompasses the executive power to decide whether to…”

“Thank you, Mr. Chairman. Mr. Chairman, prosecutorial discretion encompasses the executive power to decide whether to bring charges, seek punishment, penalties, or sanctions. This next line is really important. It does not include the power to disregard other statutory obligations. Mr. Chairman, that is from a United States Supreme Court case. So, I guess my question is: I have heard about immigration. I haven't mentioned immigration. I want to talk about mandatory minimums in drug cases. That has been the law for 20-something years. You have X amount of methamphetamine, you get X amount of time in prison. It is called a mandatory minimum. Are you telling me that the phrase ``prosecutorial discretion'' includes the Attorney General telling his prosecutors to disregard the law, not to not prosecute the case? That would be consistent. He is not telling them not to prosecute the case. He is telling them don't inform the judiciary of the drug amounts. That is not prosecutorial discretion; that is anarchy. So, yes, Mr. Nadler, I agree--or my friend from New York, I agree, Mr. Chairman, with the concept of prosecutorial discretion. I used it for 16 years. But your amendment does not define it. And my fear is-- while my friend from New York would never do this, my fear is some may overread it to include allowing a President to disregard obligations that we place on him or her, and under no theory of prosecutorial discretion is that legal.”