Can the president make fraud and theft legal? How about assault? Cocaine use? Perjury?
You’d have to conclude he can — and that we have supplanted the Constitution with a monarchy — if you buy President Obama’s warped notion of prosecutorial discretion.
Tonight, Mr. Obama will unveil his executive order granting amnesty to millions of illegal aliens. According to news accounts, the criminal-law doctrine of prosecutorial discretion is the foundation of the president’s legal theory.
It is the source of what he purports to be his authority to decree that these aliens have lawful status, a power our Constitution gives only to Congress.
Obama is distorting the doctrine.
As I explain in Faithless Execution (and in columns and posts here, here, and here), prosecutorial discretion is a simple and, until recently, an uncontroversial matter of resource allocation.
It merely holds that violations of law are abundant but law-enforcement resources are finite; therefore, we must target the resources at the most serious crimes, which of necessity means many infractions will go unaddressed.
I’ve highlighted the last part because…
Read full article at National Review Online