January 16, 2013

DAVID FRENCH: David Gregory and the Decline of the Rule of Law. “Of course prosecuting Mr. Gregory would have been sad and — on many levels — absurd, but so is the law under which he would have been prosecuted. In fact, if absurdity were a defense to prosecutions or other adverse legal actions, an enormous swathe of our regulatory state would be swept away. Can we even speak of the rule of law as a meaningful concept when we combine an explosive regulatory state with near-absolute prosecutorial discretion?”