As to the issue (1) it appears that the defense was raised and dismissed by the judge. At this level we must accept is a fact that there was no political prosecution but that is a fact which is very difficult to swallow given the political climate created by this administration and especially by this Attorney General. There can be no argument but that there has been unequal prosecutorial bias in favor of Democrats on so many issues from voter intimidation by Black Panthers, to gunrunning, to IRS abuses, and to alleged voter fraud committed by Democrats and alleged abusive voter fraud investigations initiated by Eric Holder.
Selective prosecution is rarely persuasive when contesting guilt because it is not a defense to say to an arresting officer, "everybody does it." It is no defense to a speeding ticket to say that other drivers were speeding as well. Generally when we invoke a selective prosecution defense it is for a crime which is malum in se but here we speak of a political crime. There is a raging dispute which went all the way to the Supreme Court about the meaning of money in elections. In one context at least, the Supreme Court has said that money is the equivalent of free speech and must be protected, although the court apparently permits regulations in other areas in which money seeks to affect elections. So it is not clear that the Dinesh D'Souza violated a law which is malum in se. Therefore, selective prosecution takes a different tone, it smacks of the very sin which the Souza himself as being accused of, an attempt to influence an election but this time by the opposite political party now clothed as prosecutor.
The consideration of issue (2) as to the extent appropriate punishment is also to be considered in this political context. In any event, the criminal in this case is a first offender and should be treated like other first offenders absent egregious aggravating circumstances. This is all the more true in a political case. Especially a political case in which the issue of selective prosecution cannot be far from our thoughts and in a case in which the morality behind the law is and has been openly questioned by no less an authority than the Supreme Court.
Other violators who are Democrats apparently received probation and that would seem to be an appropriate punishment for Dinesh D'Souza who is a first-time offender as well.
