Political Quotes

“Mr. Nadler's amendment purports to clarify that nothing in this legislation limits or otherwise affects prosecutorial discretion. If this amendment is adopted, it will only serve to cause confusion regarding the scope of the President's duty under the Take Care Clause and the ability of Congress to bring a lawsuit pursuant to this legislation. The underlying bill provides that the House or Senate may authorize a lawsuit based upon adoption of a resolution declaring that the executive branch ``established or implemented a formal or informal policy, practice, or procedure to refrain from enforcing'' Federal law in violation of the Take Care Clause. Adoption of a ``policy, practice, or procedure'' is not an exercise in prosecutorial discretion; rather, the exercise of prosecutorial discretion involves a determination as to whether a particular individual or entity should be the subject of an enforcement action for past conduct. {time} 1530 In other words, nothing in this bill limits prosecutorial discretion. Thus, inserting into the bill an exception for the undefined term ``prosecutorial discretion'' would only serve to cause confusion. Worse, including an exception for prosecutorial discretion would also allow the executive branch to move to dismiss every case brought pursuant to this bill on the grounds that it was merely exercising prosecutorial discretion.…”