VIRTUAL EVENT: Can Prosecutors Stop Lawfare?

Can we restore trust in the Justice Department? How can we guard against political prosecutions, without impeding energy in the executive?

All lawyers swear an oath to uphold the Constitution and adhere to legal and ethical obligations. American federal prosecutors have historically been given wide latitude and initiative in selecting what cases to pursue. Yet, recently, members of both political parties are concerned that the prosecutorial power has been weaponized for political purposes.

Can that concern be satisfied? Can trust and accountability in prosecutorial power be revamped, without impeding the Justice Department’s ability to uphold the rule of law? One solution- proposed by Law Professors Saikrishna Prakash and Ian Ayres- would allow judges to impanel prosecutor juries. A prosecutor jury would be a panel- deliberately constructed to have an even number of former or current prosecutors appointed by either party- that could evaluate whether a prosecution is politically motivated. If concerns arise that a prosecution is politically motivated, these panels could apply bipartisan expertise as a safeguard against both improper legal action and public distrust in the legal process.

Join us on Friday, February 20, at 2:00 PM ET for a discussion of these questions, the legal and constitutional questions they invoke, and what potential next steps in oversight or accountability exist.

To discuss this important topic, our webinar will feature Saikrishna Prakash, the James Monroe Distinguished Professor of Law and Horace W. Goldsmith Research Professor of Law at the University of Virginia School of Law; Ian. Ayres Oscar M. Ruebhausen Professor of Law and Professor of Public Health (Health Policy) at Yale Law School; and Gregg Nunziata, the Society’s Executive Director, who will serve as moderator.

This event will be on the record and open to press; for media inquiries, please contact Communications Director Tony Franquiz at [email protected].

Featured Speakers

Saikrishna Prakash
James Monroe Distinguished Professor of Law,
University of Virginia School of Law

Gregg Nunziata
Executive Director,
Society for the Rule of Law