[nicknow]

No. The Principles of Federal Prosecution (Title 9 of the Justice Manual) make very clear you can't litigate whether a prosecutor is following DOJ's internal policies - that's between the Assistant US Attorney, the US Attorney, and the Attorney General.

[tiahura]

A judge may or may not care about DOJ's internal policies, and DOJ's disclaimer that's not binding on them isn't binding on the judge.

Defendants certainly argue that a particular prosecution is selective enforcement and will refer to DOJ policies.

[cmeacham98]

Selective enforcement is legal though, no (as long as it isn't selecting based on a protected class such as race)?