The President’s Nullification Power

Jacob Hornberger

3/25/2010

Among the most extraordinary powers claimed by both President Bush and President Obama as part of the post-9/11 “war on terrorism” is the power to nullify — or ignore — jury verdicts of acquittal in federal criminal cases involving terrorism.

Ever since the founding of the United States, it has been a fundamental principle of American criminal jurisprudence that the executive branch has the power to charge and prosecute people for criminal offenses while the judicial branch has the power to determine whether they’re guilty or not.

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