Vindictive Prosecution

August 31, 2011

Tags: blog, blogger, First Amendment, State Department, Vindictive Prosecution
Posted in: Embassy/State, Iraq

“It is impermissible,” the Judge told the courtroom, “for the U.S. Government to prosecute differently on the basis of the content of First Amendment speech.”

A Department of Justice memorandum from its procedure manual for DOJ attorneys describes the standard in court “to establish a prima facie case of vindictive prosecution,” stating, “[A] defendant must make a ‘showing that charges of increased severity were filed because the accused exercised a statutory, procedural, or constitutional right in circumstances that give rise to an appearance of vindictiveness.'”

Hmmm… could this apply to the way the State Department treats its bloggers? Stay tuned.

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