Political Quotes

On the recordMarch 12, 2014
Mr. Chairman, 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.…
Said by
Bob Goodlatte
Republican · Virginia

Share & report

More from Bob Goodlatte

Sep 25, 2018

Mr. Speaker, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of the bill (S. 2559) to amend title 17, United States Code, to implement the Marrakesh Treaty, and for other purposes, and…

Congressional Record · 2018-09-25
Jul 23, 2018

Mr. Speaker, I want to thank the gentleman from Maryland and Ranking Member Nadler and others for their work on this legislation, as well as Congressman Issa and Senator Hirono. This is very good legislation and it's overdue. I urge my…

Congressional Record · 2018-07-23
Sep 13, 2018

Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 2946) to amend title 18, United States Code, to clarify the meaning of the terms ``act of war'' and ``blocked asset'', and for other purposes, and ask for…

Congressional Record · 2018-09-13

Other voices in this conversation