THERE HAS BEEN A DISTINCT SHORTAGE OF PROSECUTORIAL ACCOUNTABILITY FOR QUITE SOME TIME: Holding Prosecutors Responsible in an Insider Trading Investigation. “The Roman poet Juvenal posed the question ‘quis custodiet ipsos custodes?’ or ‘who will guard the guards themselves?’ That issue surfaced last week as part of a lawsuit filed by a hedge fund owner against a number of F.B.I. agents and federal prosecutors in Manhattan, including the United States attorney in Manhattan, Preet Bharara, accusing them of making deliberate misrepresentations in an affidavit used to obtain a search warrant in an insider trading case that ended up putting the hedge fund out of business.”

Bahrara isn’t a sympathetic character. Prosecutorial immunity is a judge-created fiction, so I suppose it could be judicially abolished, too. But that’s not the way to bet.