re: Andrew Weissmann's intentional ignorance on checks and balances.

quote:

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But while I’ve got you on the “severity of the crime” aspect - the very fine art of application of discretion within the bounds of criminal investigation and prosecution is perhaps the most paramount aspect of the entire process. That’s literally where it all begins. The decision to “wield” that great authority and to implement the heavy force and authority that goes along with it. Not to mention the whole process ain’t exactly free or cheap.

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That's exactly why the hypotheticals start with a potential state charge for murder. It really tightens the gap on the discretion angle, due to the severity of the crime.