Vivek and Rubenfeld Discuss the Illegality of Donald Trump's Politically-Charged Prosecution

If reasonable men have to speculate on what a law means, they shouldn’t be sent to jail for violating it. That’s a deeper & more pervasive problem in modern criminal law. The doctrine of selective prosecution prohibits prosecutions of a particular defendant for personal or political reasons, when countless other defendants who commit the same alleged violation go free. This is as relevant today as it’s ever been.

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