Never before in American history has a president abused his authority so blatantly to prosecute his enemies. For defendants pursued by Donald Trump's Justice Department, this paucity of historical precedents initially presented a problem: Not much law on the books can help someone fight back against a malicious prosecution, and what law does exist tends to be favorable to the government. That is changing now. Defense lawyers for people targeted are finding that motions that might have once been dismissed out of hand are being seriously considered'and even granted'by judges newly skeptical of DOJ's integrity and fidelity to the law. As the shoddy criminal cases against Trump's enemies stretch on, and as their numbers mount, defense lawyers are starting to sketch out the earliest drafts of a road map for how to respond to politically abusive prosecutions. And judges, skeptical of what they are seeing from DOJ, have begun building upon one another's work to adapt criminal law to an era...
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