United States v. Ali Shaygan

MARTIN, Circuit Judge,

dissenting from the denial of rehearing en banc, in which BARKETT, Circuit Judge, joins:

Prosecutors perform a vital and laudatory role for our society. To help them carry out this role, we give them enormous power. This, even to such an extent that they have authority to decide whether our government will seek to take the life of a given criminal defendant. Our federal prosecutors are taught—and often reminded—that the “interest” of the United States “in a criminal prosecution is not that it shall win a case, but that justice shall be done.” Strickler v. Greene, 527 U.S.…