
The Implications of a Potential Trump Indictment.
The Manhattan district attorney's decision on whether to indict former President Donald Trump for a hush money payment to a porn actress has sparked a debate over prosecutorial discretion. Trump and his allies have accused the district attorney of being politically motivated and applying the law unfairly. The concept of prosecutorial discretion gives prosecutors the power to decide not to bring a case, even if the law and facts would support a conviction. If prosecutors single out one person for charges when they choose not to charge other people who committed similar offenses, the result is selective enforcement of the law.