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Culture War Roundup for the week of October 30, 2023

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Congress could pass laws like Germany's requiring prosecution where sufficient proof exists to gain a conviction.

I don't think they could. Likely would require a Constitutional amendment, given the currently dominant legal theory about the "Executive power" clause of the Constitution.

control of prosecution powers is temporary and divided

I think you are far too focused on Trump. The question is not whether Trump gets to decide what is and is not legal. The question is whether the Legislature really, actually, completely controls the matter. If anything, your point that the reality is decided by temporary/divided powers within the Executive actually supports the point that, in many more cases than is ideal (though probably a small fraction of overall cases), it is actually the Executive which decides what is illegal, not the Legislature.

The question is not whether Trump gets to decide what is and is not legal.

It literally is. That was the point I was responding to. If you find that point uninteresting, no worries, but then we've not got anything to talk about.

Along the way, you made a vastly broader claim. If you find that vastly broader claim now undefendable, no worries, but then you might have to reconsider what you wanted to talk about.