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In the midst of a tidal wave of executive orders, presidential appointments and politics announcements, it is easy to treat a temporary memorandum about politics from the act of Deputy Attorney General as just another shooting of the nominal change that occurs when Democrats replace the Republicans or replacement of the Democrats. But it would be serious supervision to miss the dramatic departure of the Memorandum from the status quo, and even from the first opinion of Trump’s administration to federal prosecutorial responsibility.
With every traffic of a party in the White House, the philosophical tug of the war continues whether the federal prosecutors should be firm in crime or more “tinted” in their approach to punishment. This Memorandum Battle began in 1989 Chief Lawyer Dick Thornburgh They ordered the prosecutors to follow the “most serious and serious and proven crime”, and since then the Republican AG consistently encouraged the search for the death penalty and charged the compulsory statutes on the minimum penalty. This latest memorandum is certainly in line with this approach.
The heart of the memorandum is to carry out immigration. Memo emphasizes the need for the Ministry of Justice (Doj -a) and the Ministry of Internal Security (“DHS”) for attacking cartels and transnational criminal organizations to reduce violent crime that has committed cartels, gangs and illegal aliens and exclusion cross -border flow of fantanila.
These targets follow the points of the accent of President Donald Trump and are not surprising. Similarly, the return of the aggressive guidelines for prosecutors in Thornburgh to charge and follow the “most serious and easily proven insult” signals the aversion under the soft agreements on the acknowledgment of the petition and “charging negotiations”, where prosecutors lowerly criminal behavior in an agreement on the complaint for the resolution of the case. But then it gets interesting.
Pam Bondi swore as the Attorney General, Supreme Court’s justice Clarence Thomas, while her partner John Wakefield and mother Patsy Bondi are watching in the oval office of the White House in Washington, DC, February 5, 2025. (Andrew Caballero-Reynolds/AFP via Getty Images)
The record determines that the discretion of the plaintiff to resolve the case with softer petition is limited to “unusual facts”. It specifically mentions the appropriateness of the caring for death and mandatory minimal penalties in cases of repeated offenses and/or firearms. The temporary Attorney General draws attention to the “Faithful Execution of the Immigration Act” and the measurable changes begin.
For example, in the announcement of the priority of following immigration offenses, the memorandum specifically includes the title 8 American code § 1325, illegal entry of aliens. This is a six-month offense for simply illegally in the US, and federal prosecutors are likely to break through a dedicated time with a simple offense that could be persecuted, well, millions of times in the whole nation.
Historically speaking, US law laws (“USAOS”) with significant immigration issues rarely uses an offense, but instead prosecute cases of illegal re -entry after removing the crime (or better, “worse offenses”). As an impact on Flip Gang members or at least serves as a real deterring – adding years of federal prison in equation before the defendant is re -deported to his country of origin.
The rejection of potential immigration cases is no longer a simple prerogative to a local American lawyer. The record requires the plaintiff to discover declations as urgent reporting directly to the Attorney General, within a few days or sometimes even for hours of decision. No US lawyer will be eager to send an “urgent” report to the Attorney General about the rejection of the persecution of immigration cases. This practical distraction increases the power of the Ministry of Internal Security – their cases in every way priority through this memorandum.
Similarly, federal programs targeting drugs and gangs (a drugstore group for organized crime, aka “Ocdetf”) and Project Safe the neighborhood (“PSN”) that targets weapons and gangs, must now provide resources that support immigration persecution. The production of well-funded OCDETF priority units of immigration offenses reflects a massive shift from the DOJ and according to DHS secretaries Kristi Noem.
Not only do US attorneys watch their investigators turn in immigration persecution, but also the tasks of USASA by exploring the incidents of resistance, obstructing or disrespecting of legal commands related to immigration. In short, the advocates of the “shrines” or even the prosecution are considered forage for potential criminal prosecution.
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In accordance with this aggressive approach, the correspondent mentions the new creation of the working group for the implementation of the shrine to implement the shrine, which assumes that it takes legal proceedings against inconsistent policies or local practices that prevent the action of implementing immigration.
Like many government documents, this memorandum buries some juicy little things in the footnote. In particular, the memorandum abolishes earlier letters declared democratic regimes in 2013, 2014, 2021 and the Merrick Garland Merrick Merrick Memorandum of December 2022.
The record determines that the discretion of the plaintiff to resolve the case with softer petition is limited to “unusual facts”. It specifically mentions the appropriateness of the caring for death and mandatory minimal penalties in cases of repeated offenses and/or firearms.
Memo Garland was basically rejection of Thornburg’s approach – emphasizing a more individualized approach to criminal prosecution and calling the prosecutor to seek “sufficient but not greater than the necessary” penalty. Somehow, this permit for grace for grace was completely neglected in the persecution of January 6, because the Government inevitably requested more penalties than each bench had already been ready to throw out.
But in many Unaos, in the Flexibility of Garland Memorandum, such as neglecting mandatory imposing a sentence, except in particularly worse circumstances and open -off to prosecutors to join veterans in calling drug guidelines too high, has given the green light for local autonomy in the negotiation negotiation the number. But, as they say, there is a new sheriff in the city.
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It is true that the latest memo is framed as a temporary impression policy. This could be read to suggest that the newly accused State Attorney Bondi could consider a different approach.
But Bondi’s first announcement as an AG – including pausing of federal financing of the cities of the shrine, implementing obstruction cases against jurisdiction, prevented the laws on the implementation of immigration and assessment of non -governmental organization (“NGO”) support for Ilegal Aliens for defense or even persecution – confirm that the police Both the mission of politics and the mission behind the memorandum of his predecessor stands there to stay.
