Wayte v. United States, 470 U.S. 598, 608 (1985) (holding due process bars prosecution in retaliation for exercising fundamental rights); Kolender v. Lawson, 461 U.S. 352, 355 (1983) (holding due process bars unduly vague offense definitions to reduce opportunities for selective enforcement); Papachristou

s has not run, double jeopardy does not apply, and there are no other concrete indications that criminal prosecution is barred. See also Belmonte v Lawson, 750 F. Supp. 735, 739 (E.D. Va. 1990)("Courts should avoid engaging in crystal ball forecasts about what a prosecutor may or may not do ... ). Si