The Constitutional Right Not to Be Framed

The U.S. Supreme Court heard oral arguments this morning on the limits of prosecutorial immunity, and in arguing for universal protection from lawsuits, the Iowa prosecutors involved didn't mince words. There is no freestanding constitutional "right not to be framed," they wrote.

The prosecutors in this case aren't alone in this stark -- and saddening -- view. They were joined by the Obama administration, 28 states and several prosecutors' professional organizations.

On one side of the case are two men who served 25 years in Iowa prisons for a murder evidence shows they likely didn't commit. On the other, prosecutors who allegedly fabricated evidence during the investigation of a murder and hid evidence of another suspect's guilt.

The decision on this case, Pottawattamie County v. McGhee, will hinge on whether the court is willing and able to restrict prosecutorial immunity to the trial phase only, allowing defendants in stark cases such as this to sue based on evidence showing that prosecutors engaged in misconduct during the investigation. It'll be interesting to see what happens this morning in oral arguments and where the court comes down in the months ahead.

Here's some media and analysis on the case:

NPR's Morning Edition covered the case in detail this morning, with striking details onthe lengths to which prosecutors went to convict these two men.

Erin Miller offered some good analysis at SCOTUSblog.

The Washington Post opined that the "prospect of being held liable will help to keep ('renegade' prosecutors) in line or, at least, hold them accountable."

SCOTUSwiki has the briefs and filings.