Video: Trey Gowdy vs. Eric Holder on prosecutorial discretion and mandatory minimum sentences « Hot Air: "Via the Right Scoop, one last goodie from Holder’s huddle with the House this morning. To properly enjoy it, though, first you need to read this short but valuable primer from Ken White of Popehat published last August on the Holder memo that Gowdy’s describing. The Supreme Court ruled last year that if a federal prosecutor wants to slap a defendant with a mandatory minimum sentence, he needs to take care to include every fact that would trigger that sentence under federal law in the charging document. If you omit even a single relevant fact — such as, say, the amount of drugs that the defendant was caught with — then the judge is no longer bound by the mandatory minimum and can sentence the defendant to less time."
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