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On January 29, President Biden’s Acting Attorney General Monty Wilkinson issued a memorandum to all federal prosecutors titled, “Interim Guidance on Prosecutorial Discretion, Charging, and Sentencing” (Wilkinson Memo).
Notably, the Wilkinson Memo:
Rescinded the May 10, 2017 Trump-era directive, which had limited prosecutors’ discretion by requiring prosecutors to charge defendants with the most serious provable offense or, alternatively, seek supervisory approval to charge a less serious offense and seek a lesser sentence.
Reinstated the May 19, 2020 Obama-era policy, which had expanded prosecutorial discretion, stating: “[D]ecisions regarding charging, plea agreements, and advocacy at sentencing must be made on the merits of each case, taking into account the