ection be available for the decision not to charge.” Id. at 41 (emphasis in original). Finally, in an analogous area of the law, in Heckler v. Chaney, 470 U.S. 821 (1985), the Supreme Court concluded that an agency’s decision not to undertake an enforcement action is not reviewable under the fede

e Constitution vests the power to conduct investigations and prosecute violations of the laws in the Executive. See Art. II, § 2, cl. 1; Heckler v. Chaney, 470 U.S. 821, 832 (1985); Buckley v. Valeo, 424 U.S. I, 138 (1976). Indeed, the Second Circuit has emphasized that judicial review and regulation o