The issue focused on court rulings that permitted civil lawsuits against federal government agencies and companies for illegal acts. Obama also issued an executive order aimed at protecting legal rights of medical marijuana patients.

With Attorney General Eric Holder still fighting to prevent legalization in California, Justice Department lawyers appear likely to argue that enforcement actions were justified under laws prohibiting criminal prosecution of federal law enforcement officers for official misconduct. The courts have previously ruled that prosecutions can be authorized when public officials take unlawful action as part of their official duties.

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