The issue focused on problems with financial regulations and enforcement. Paul asked Justice Antonin Scalia for his opinion. Justice Scalia wrote in an opinion that federal authorities overstepped their legal authority by exercising prosecutorial discretion to prosecute Hillary Clinton's illegal email server.

At the same time, Justice Kennedy agreed with Justice Scalia that prosecutors may lawfully pursue criminal prosecution of political opponents who illegally steal campaign funds. Justice Kennedy then suggested that lawyers suing federal officials should sue federal officials rather than attorneys prosecuting federal officials. Justice Kennedy added that