About this episode

This episode explores how the Justice Department decides who gets charged with a crime, focusing on the doctrine of selective prosecution and its implications.

How does the Justice Department decide who gets charged with a crime and who doesn't? In the post-Watergate era, the Justice Department developed policies and institutional safeguards intended to separate political considerations from prosecutorial decisions: typically career attorneys delve into the law and investigate the facts, evaluate the evidence needed to secure a conviction, and recommend whether a case should move forward. However, Trump administration critics say that process is under pressure, pointing to a series of high-profile cases involving political figures and former government officials. On this episode of UnCommon Law, we explore the doctrine of selective prosecution — the claim that someone was targeted for prosecution because of who they are, what they said, or the political positions they hold. Through the cases involving James Comey, Letitia James, and Eric Adams, legal scholars, journalists, and former Justice Department officials examine how the DOJ decides whether to pursue or abandon a case, and what that process reveals about prosecutorial discretion, independence, and accountability. We'll also examine the changing role of the Justice Department's…

People in this episode

Guest: Bennett Gershman

Topics covered

• prosecutorial discretion
• selective prosecution
• political considerations
• Justice Department policies
• accountability
• Public Integrity Section

Keywords

• Justice Department
• selective prosecution
• prosecutorial discretion
• political figures
• Watergate
• Bennett Gershman
• Public Integrity Section

Mentioned in this episode

Organizations: Justice Department, Pace University, New York State Anti-Corruption Office

More episodes of UnCommon Law

• SPECIAL: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political · July 1, 2026 · 58 min

Explore listener stats, chart rankings, contacts and more on the UnCommon Law podcast page.