[rhizome]

Actually, it's the judge and the prosecutor who are on the hook more for this use of Cyberstalking (and likely ultimately terrorism laws) to umask a critic using their First Amendment rights.

The prosecutor is at risk for losing their qualified immunity, since he is using his position to commit a civil rights crime.

[thirdhaf]

Prosecutors have absolute immunity which is incredibly difficult to overcome. Even falsifying evidence doesn't seem to do it unless there's a "pattern of abuse" which is practically impossible to prove. http://www.scotuswiki.com/index.php?title=Pottawattamie_Coun...

[mindcrime]

Action is sometimes taken against prosecutors who abuse their position, though. Mike Nifong comes to mind:

http://en.wikipedia.org/wiki/Mike_Nifong

Granted, the behavior does have to be pretty egregious, but at least these people aren't (always) above the law.

[rhizome]

Prosecutors do not have absolute immunity when it comes to crimes that are only possible with their office.

If they do something bad in a case, they have absolute immunity, but if they break the law under the guise of law enforcement, they don't. Same as cops.