Thompson v. United States

The Department of Justice has a firmly established policy, known as the “Petite” policy, under which United States Attorneys are forbidden to prosecute any person for allegedly criminal behavior if the alleged criminality was an ingredient of a previous state prosecution against that person. An exception is made only if the federal prosecution is specifically authorized in advance by the Department itself, upon a finding that the prosecution will serve “compelling interests of federal law enforcement.”

In this case the Solicitor General has advised us that this established Department policy…