The media has reported that President Donald Trump fired Attorney General Pam Bondi based in part on her seeming inability to prosecute various political adversaries with sufficient vigor. Assuming the next Attorney General ramps up such efforts, we can expect to see some of those targets asserting a vindictive prosecution defense.

Vindictive prosecution claims had their heyday in the 1970s, and courts eventually scaled them back in subsequent years. But with the unprecedented level of chatter on pending criminal matters now coming directly from the White House—including overt demands that political foes be charged criminally—the vindictive prosecution doctrine may be poised to make a comeback.

To read the full article, please download the PDF below.