The judicial branch can't prosecute, that's what the executive branch does, and it's the executive branch that's doing these things. The legislative branch has the power to keep the executive branch in check, but they're not exercising that power - which I'm saying is bordering on criminal. Obviously, the executive branch is unlikely to prosecute the legislative branch for not taking action against the executive branch. Our constitution has the implicit assumption that all three branches wouldn't be in cahoots with one another, and should they be, the electorate was expected to have enough sense to vote out the legislators and replace them with ones that would keep the executive in check. The million dollar question is how much pain and destruction will be endured until that happens?