Because no one should be prosecuted on marijuana possession.

On the other hand, Andrew Sullivan’s endorsement of the racist pseudoscience of the Bell Curve, and his publication of the lies of Betsy McCaughey while editor-in-chief of The New Republic should be grounds for deportation from the United States on moral grounds.

You see Andrew Sullivan was smoking pot on the beach in Massachusetts, where marijuana possession has been decriminalized, only it was on a federal beach, and that makes it a federal beef.

The prosecutors decided not to pursue charges, which basically amount to a $125 fine, though they did with 3 other defendants that day, and US Magistrate Judge Robert B. Collings believes that this was a case of prosecutors not applying the law equally or fairly:

Three other defendants charged with the same offense had to appear before Collings the same day as Sullivan, the judge noted. But Sullivan’s case was the only one prosecutors did not pursue, out of concern that the $125 fine carried by the relatively minor offense could derail his US immigration application.

“It is quite apparent that Mr. Sullivan is being treated differently from others who have been charged with the same crime in similar circumstances,’’ Collings wrote in the 11-page memorandum, adding that prosecutors’ rationale for the dismissal was inadequate.

Collings added with obvious irritation that he had no power to order prosecutors to pursue the case, and granted their motion to dismiss it. The fact that he did, however, “does not require the Court to believe that the end result is a just one,’’ he wrote.

Needless to say, the United States Citizenship and Immigration Services, formerly the INS, could do the right thing, and deport him back to that socialist hellhole, England.