Thread by @CBHessick

The idea that the prosecutorial process should have nothing to do with politics sounds great. It seems like the sort of thing everyone should agree with.

But it is an entirely inaccurate characterization of prosecution in America. Let me explain...
#ProsecutorsAndPolitics

https://twitter.com/cnnsotu/status/1139931902520041472

First, in 45 of our 50 states, prosecutors are elected on the county or local level. The vast majority of those elections are partisan elections.

Those local prosecutors know that a high profile case can either hurt or help their reelection chances. That’s why, as research by @wrightrf shows, those high profile cases are one of the most common topics of discussion in prosecutor elections. papers.ssrn.com/sol3/papers.cf…

You might think that politics is limited to these state systems. Indeed Mayor Pete was obviously speaking about the federal system. And federal prosecutors aren’t directly elected.

But that doesn’t mean they aren’t political.

They are not only appointed by the Pres & confirmed by the Senate, but they are often selected because of their political relationships. Just look at the bio of once-acting AG Whitaker who was appointed as a federal prosecutor in Iowa by Pres Bush: foxnews.com/politics/matth…

Now, some will point to the steps that were taken to insulate DOJ from the White House in recent decades as proof of federal prosecution being removed from politics. But the democratic accountability we continue to prize is hard to distinguish from politics.

I develop that point in some detail here: prawfsblawg.blogs.com/prawfsblawg/20…

It's also important to keep in mind that we entrust prosecutors with enormous discretion, particularly in their charging and bargaining decisions. Politics and elections are the major checks on that discretion.

There are a lot of smart people who think that we should not elect our prosecutors, and that we should thoroughly insulate prosecutors from other political officials and politics more generally.
I'm not sure that I agree.

In any event, I would need to know a lot more about how we would control prosecutorial power if not through the political process
Call me paranoid, but a prosecutor who is free to make decisions without democratic accountability sounds like it could easily lead to abuses of power

Finally, as @Taniel suggests, our system—-which relies on politics and elections, but fails to educate and engage voters—-needs both more attention and reform. /end

https://twitter.com/taniel/status/1140287215739777024?s=21