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Do Career Prosecutors Oppose the Sessions Charging Policy?

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Some of the opposition to the charging policy restored by Jeff Sessions  --  which requires career federal prosecutors ordinarily to charge the most serious readily provable offense  --  has argued that these prosecutors will rebel at the loss of their "discretion," and will balk at following the policy in practice.

Of course, that is an empirical question, so I asked someone who would know. Specifically, I asked Larry Leiser, an AUSA for more than 20 years and President of the National Association of Assistant United States Attorneys. The question I posed to him in an email this afternoon was whether the great majority of AUSA's support Sessions' decision that federal prosecutors should charge the most serious readily provable offense, including offenses that would involve a mandatory minimum sentence if the defendant is convicted.

He gave a one word answer.  "Yes."

Full disclosure:  Larry has been a friend of mine for years, and I knew full well what his answer would be, as would anyone who understands that prosecutors do not spend their time trying to figure out ways to cut breaks to smack pushers.

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