TNR vs. NYT: New Republic's Danny Vinik takes issue with the New York Times' "prosecutorial discretion" defense of President Obama's rumored/threatened extension of executive protection (e.g., "deferred action") to millions of illegal immigrants. It's one thing to drop prosecutions on case by case basis, Vinik notes. It's another to exempt a whole category of people from any possibility that prosecutors may decide to come down on them -- that undermines the deterrent effect Congress presumably intended when it made some types of immigration unlawful. If a local county executive says "don't focus precious resources on drivers who aren't egregious speeders," you might drive a bit faster. But you still don't know for sure that you won't get a ticket for going 66 in a 65 zone. But if the executive says "nobody under 70 will get a ticket" -- well, then real speed limit will become 70, when the lawmakers intended it to be 65.