Duncan Levin Writes on the Rule of Law and the Threat of Retaliatory Prosecution

In a recent opinion essay for MS NOW, Duncan Levin examines the constitutional and institutional dangers posed by efforts to subject former Special Counsel Jack Smith to criminal investigation for carrying out his prosecutorial responsibilities. Drawing on his experience as a former federal prosecutor and legal scholar, Levin analyzes the distinction between legitimate congressional oversight and the use of governmental power to punish disfavored prosecutors. He argues that retaliatory prosecution would threaten prosecutorial independence, distort the proper role of the Department of Justice, and weaken foundational rule-of-law principles that safeguard the criminal justice system from political coercion.

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