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b'On November 9, 2020, The Federalist Society\'s Criminal Law Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Prosecutorial Discretion, Partisanship, and the Rule of Law."
In recent years, politically controversial criminal investigations have occupied an enormous part of our national discussion. The Special Counsel investigation into Russian influence in the 2016 presidential election, the investigation into Hillary Clinton’s email practices, and other high-profile investigation have caused many elected officials and other commentators to raise concerns about the influence political partisanship and institutional hubris may be playing in prosecutorial decision-making and the potential effects on the rule of law. Leaders in both the major political parties have accused the other side of abrogating or undermining the rule of law for polar-opposite reasons in the same investigations and cases. This panel will assess this debate and attempt to shed light on the dynamics at play and examine what the rule of law at the federal level means today, including:

the roles and responsibilities of political and career officials in federal law enforcement and the implications for inappropriate partisan influence;
the legal and prudential limits of influence on the Department of Justice by the President and other actors in the Executive Branch;
the lawful and appropriate scope of prosecutorial discretion;
the role that the growth in the breadth and coverage of federal criminal statutes has played in the present circumstances; and
the implications these actions are having on the confidence in and reputation of the Department of Justice and the rule of law.

Featuring:

Mr. Gary G. Grindler, Retired Partner, King & Spalding; Former Acting Deputy Attorney General, United States Department of Justice
Mr. Andrew C. McCarthy, Contributing Editor, National Review; Senior Fellow, National Review Institute: Contributor, Fox News; Former Chief Assistant United States Attorney, Southern District of New York
Hon. Michael B. Mukasey, Of Counsel, Debevoise & Plimpton; Former United States Attorney General; Former Chief Judge, United States District Court, Southern District of New York
Hon. Kenneth L. Wainstein, Partner, Davis Polk & Wardwell LLP; Former United States Homeland Security Advisor; Former Assistant Attorney General, National Security, United States Department of Justice; Former United States Attorney, Washington D.C.
Moderator: Hon. John C. Richter, Partner King & Spalding LLP

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.'