I guess you have a point, but I think the specifics depend on jurisdiction.
That said, the defense can say whatever they want about what they perceive as selective prosecution... but how do they know? It's not like they would have more knowledge about the prosecution's thought process than the average conspiracy theorist?
That said, the defense can say whatever they want about what they perceive as selective prosecution... but how do they know? It's not like they would have more knowledge about the prosecution's thought process than the average conspiracy theorist?