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So did they break the law? Because last I heard that is the job of a judge. To run Court proceedings, not to see if the DA was prosecuting others... Yeah judge I killed that dude, but the gangs kill people all the time and I don't see them here so you should dismiss the case.
Selective prosecution is a cause for dismissal. It was the motion argued and sustained here. The judge is indeed doing their job.
Is it? Where is the precedent? Cause a lot of cases are going to be dismissed if that is the case
In United States v. Armstrong (1996), the Supreme Court ruled the Attorney General and United States Attorneys "retain 'broad discretion' to enforce the Nation's criminal laws"[4] and that "in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties."[5] Therefore, the defendant must present "clear evidence to the contrary",[5] which demonstrates "the federal prosecutorial policy 'had a discriminatory effect and that it was motivated by a discriminatory purpose.'"[6]
So did they present clear evidence to the contrary?
This is the next step.