Bruce A. Green

Essay

Under Political Pressure: How Courts and Congress Can Help Prosecutors Seek Justice

This Essay argues that when Justice Department officials order subordinate lawyers to consider inappropriate partisan goals in making charging decisions, prosecutors must prioritize their fiduciary obligation to seek justice on behalf of the public. It further elaborates how courts and Congress can support them in this choice. 

Oct 20, 2025
Essay

Gideon’s Amici: Why Do Prosecutors So Rarely Defend the Rights of the Accused?

122 Yale L.J. 2336 (2013). In Gideon v. Wainwright, twenty-three state attorneys general, led by Walter F. Mondale and Edward McCormack, joined an amicus brief on the side of the criminal accused, urging the Supreme Court to recognize indigent defendants’ Sixth Amendment right to appointed counsel in felony cases. This was a unique occurrence. Although amicus filings by public entities...

Jul 4, 2013