Trevor Headley, one of the lawyers representing Mr. Nelson, said he would soon file motions accusing the United States Attorney of vindictive prosecution and seek to have the entire case dismissed.

"These are vindictive prosecutions based on their beliefs," said Hillary Richard, one of three lawyers representing most of the 25 marines.

It was halted by the prosecution after three days to pursue a writ of mandamus prohibiting the defense of selective and vindictive prosecution.

After Choi himself testified in the defense case, Judge Facciola made a prima facie finding for selective and vindictive prosecution.

That's a vindictive prosecution.

The judge in the case, Charles P. Sifton, was abrupt with prosecutors, telling them they should be prepared to clarify "whether or not this is a vindictive prosecution."

It also excluded claims of vindictive prosecution and political harassment by the government.

On one side are those who view the pursuit of Mrs. Tripp as a vindictive selective prosecution designed to punish her for exposing White House misconduct.

These subsequent charges were summarily dismissed in 2009 after the federal judge in Maine's District Court found them motivated by 'vindictive prosecution.'