Celebrim
Legend
Prosecutorial discretion is lawful, though. It's the clear delegation of authority to named officials within a narrow bailiwick.
With the presumption that those officials will carry out that authority as if it were a duty, and not use their discretion as an excuse to evade their duty to prosecute on mere whim or out of consideration of those things which the law says it does respect - such as the social station of the person to be prosecuted. It's not lawful if the purpose of the discretionary authority ends up being de facto to ensure the law does not apply to the prosecutor's friends and allies, or that the only applies to groups that the prosecutor doesn't favor. The greater degree to which the law is made to assert that there is not one law for all, but a law which applies to only some and only upon personal whim, the less degree that you can claim the law is actually what holds sway. Particularly as offenses multiply, you are reaching a state where all are guilty under the law, but none are prosecuted (that is held accountable) unless if they are not friends of the prosecutor. That's not an example of the law being equally applied. If the law is to be unequally applied, then at least let it say that is it's purpose so that the law may be known and does not exist entirely within the head of this prosecutor or another.
In the case of a federal prosecutor, that bailiwick is not as limited to a very great degree at all. And there are what, 4500 Federal felonies?
But we digress.