Bacon's Rebellion

Democracy Thrives in Sunlight

Miyares Seeks to Override Progressive Prosecutors

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by

James A. Bacon
in

by Shaun Kenney

Attorney General-elect Jason Miyares announced Thursday that he’s looking to pass legislation that will override “social justice” commonwealth’s attorneys who refuse to prosecute entire categories of crime.

Miyares said his plan has the support of Governor-elect Glenn Youngkin.

Fox News reports:

Under current law, the AG’s office can prosecute a case on behalf of a commonwealth’s attorney – Virginia’s version of a district attorney (DA) – so long as the DA requests it.

The new bill “would essentially say, if the chief law enforcement officer in a jurisdiction — either the chief of police or the sheriff — makes a request because a commonwealth’s attorney is not doing their job, then I’m going to do their job for them,” Miyares said. “I’m thinking specifically, some of the so-called ‘social justice’ commonwealth’s attorneys that have been elected, particularly in Northern Virginia. We’re obviously aware of some pretty horrific cases” where these DAs have not pursued justice.

Liberal billionaire George Soros has repeatedly poured thousands into prosecutors’ races in Virginia. In 2019, Soros provided a significant cash infusion to three winning progressive candidates, Parisa Dehgani-Tafti in Arlington County (nearly $1 million from Soros); Buta Biberaj in Loudoun County ($85,000 from Soros); and Steve Descano in Fairfax County ($600,000 from Soros). Soros spent about $200,000 in a prosecutor’s race in Norfolk this year. His candidate went on to win the race.

Biberaj sought jail time in the case of Scott Smith, the father of the girl who got sexually assaulted in a girl’s restroom at a Loudoun County school. Smith had become enraged a Loudoun County school board meeting in which the superintendent denied that the assault had happened. He was convicted of disorderly conduct and resisting arrest.

Miyares also told reporters that he plans to investigate Loudoun County Public Schools and the sexual assaults that took place at two LCPS high schools.

Loudoun County Sheriff Mike Chapman (R) joined Miyares on stage.

This column has been republished with permission from The Republican Standard.

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Comments

31 responses to “Miyares Seeks to Override Progressive Prosecutors”

  1. kls Avatar
    kls

    Miyares is espousing a Euro-centric white supremacist male dominating law and order over reach to keep people of color and other genders down…. or he simply wants to keep law abiding citizens safe.

  2. tmtfairfax Avatar
    tmtfairfax

    I have no problem when a commonwealth’s attorney does or doesn’t prosecute a type of case based on the facts of the case and the parties involved. Nor am I troubled by non-prosecution of alleged violations of laws that have not been prosecuted anywhere in the state. But it’s serious violation of law and probably the Constitution for a prosecutor in one locality decided not to prosecute violations of a law that is regularly prosecuted around most of the rest of the state.

    1. James McCarthy Avatar
      James McCarthy

      Prosecutorial discretion exists within the authority of a Commonwealth’s attorney within the boundaries of that district. The discretion is not dependent upon the policies of other districts

  3. Eric the half a troll Avatar
    Eric the half a troll

    “I’m thinking specifically, some of the so-called ‘social justice’ commonwealth’s attorneys that have been elected, particularly in Northern Virginia.”

    An open declaration of intent to subvert the will of the electorate.

    1. tmtfairfax Avatar
      tmtfairfax

      The logic of your theory is that the application of state criminal law and procedure depends where you live or work in Virginia. Equal protection anyone?

      I’ve heard Steve Descano make an argument against the use of cash bail. While not compelling, he makes some good points. So why not try to persuade the General Assembly to make changes to the statewide laws concerning bail?

      1. Eric the half a troll Avatar
        Eric the half a troll

        The “problem” is a potential conflict between local law enforcement leads and local elected CAs. Miyares wants authority to step into local governance and override the elected representatives. Typical for Virginia Republicans who have historically refused to empower local governments. Keeps the Dems in their place.

        1. tmtfairfax Avatar
          tmtfairfax

          You’ve missed the point entirely. The criminal laws of Virginia (and most other ones too) apply in every county and every city. The larceny statutes should be applied the same way as in Fairfax County as it is in Richmond, Scott County or Emporia. Local officials don’t have the right to ignore the law. There is no local option for these laws.

          Descano often makes things worse for himself. For example, announced he would not prosecute misdemeanors, including crimes involving cruelty to animals.

          1. Eric the half a troll Avatar
            Eric the half a troll

            Actually, prosecutorial discretion is a thing. If I, as a voter, select to go with a candidate that says they do not intend to prosecute every misdemeanor and I think that is a good use of my tax dollars, I should not be overridden by a power hungry pol at the State level.

          2. Matt Adams Avatar
            Matt Adams

            Yes, prosecutorial discretion is a thing and clearly you don’t understand it. As it’s been explained to you twice now and you have refused people who have knowledge on the topics opinions.

          3. James McCarthy Avatar
            James McCarthy

            Eric is correct. Prosecutorial discretion exists within the authority of the CA. Every CA has the responsibility to expend or utilize resources effectively.

          4. Matt Adams Avatar
            Matt Adams

            Simply not true and it would only apply to misdemeanors .

            You can bolster and downvote me all you like, doesn’t make you or him correct.

        2. emjak Avatar
          emjak

          It’s amusing (in a gallows humor way) how Democrats seem to be in favor of state policies being imposed on local elected officials when Democrats are in power, but then they are suddenly interested in the autonomy of local elected officials when faced with the prospect of a Republican administration imposing the state policies.

          1. Eric the half a troll Avatar
            Eric the half a troll

            There is a difference between prosecutorial discretion and law enforcement actually refusing to enforce the law.

            If LEO says that they refuse to arrest ANYONE found to be shoplifting, they would be in the wrong. The prosecutor, however, can decide not to prosecute. As I said, big difference.

          2. emjak Avatar
            emjak

            Prosecutorial discretion is broad but not unlimited. And, like the Governor’s broad pardon power, prosecutorial discretion cannot be exercised in a manner that violates the Virginia Constitution. See my article at https://www.baconsrebellion.com/descanos-unconstitutional-actions/

          3. Eric the half a troll Avatar
            Eric the half a troll

            Therefore, since there is protection against overuse of prosecutorial discretion in the Virginia Constitution, there is no need for a new law giving greater powers to the AG. Of course, Conservatives are fully in favor of such a power grab. My warning, we will not always have a Republican AG and such a law (once enacted) may backfire on the Right just like the Dillon Rule has this last round.

          4. James McCarthy Avatar
            James McCarthy

            Good article but misplaced legal analysis applying the finding in the felon voting dispute to prosecutorial discretion. While you see similarity, the decision in a case involving executive authority vis a vis a constitutional provision is not an equivalency in prosecutorial discretion. Apples and oranges.

          5. emjak Avatar
            emjak

            In my article I did not contend that prosecutorial discretion is equivalent to the governor’s pardon power. I argued that the Virginia Supreme Court’s constitutional analysis could be applied beyond the Virginia Governor to other members of the executive branch (which includes Commonwealth Attorneys).

      2. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        Bail reform was to be on the agenda in the upcoming session. That was one of the topics that the Crime Commission was to look at. It will be interesting to see what happens to those proposals now.

        1. tmtfairfax Avatar
          tmtfairfax

          And, Dick, that’s where the issue should be reviewed. As I mentioned, I’ve heard Descano make reasonable arguments for reform. I haven’t made up my mind on the issue but the topic is worth study and discussion.

    2. James McCarthy Avatar
      James McCarthy

      Exactly the nature of the proposed legislation. Don’t like who got elected based upon a fair election — not to worry Youngkin and Miyares have a solution. Sound familiar? A former President has one also.

  4. WayneS Avatar
    WayneS

    I wish he would just leave these duly elected officials alone. The voters who elected them have gotten what they asked for. Since none of these Commonwealth’s Attorneys have (to my knowledge) announced their intent to not prosecute felonies, they have not violated the state law which establishes the duties of Commonwealth’s Attorneys.

    Let the citizens of Fairfax, Loudoun, Arlington, etc., live with their choices for a while. I think this is ultimately a self-correcting problem. Innocent people may be seriously injured or killed iwhile we wait for the correction, but isn’t that a small price to pay to allow these “progressives” to experiment with “social justice” ?

    /s/ (Just in case)

    1. emjak Avatar
      emjak

      The voters can choose who they want for a Commonwealth Attorney, but a duly elected Commonwealth Attorney has no authority to act in violation of the Virginia Constitution.

      I wrote an article on how Commonwealth Attorney Descano was acting in violation of the Virginia Constitution. See https://www.baconsrebellion.com/descanos-unconstitutional-actions/

    2. Eric the half a troll Avatar
      Eric the half a troll

      “Innocent people may be seriously injured or killed iwhile we wait for the correction…”

      More likely a bunch of potheads will be walking around with 1 1/2 ounces and thumbing their noses at the cops…

      1. Stephen Haner Avatar
        Stephen Haner

        Yeah, New Boss Of The Senate Morrissey is letting THAT bill get out…..But it will be a good show.

    3. Eric the half a troll Avatar
      Eric the half a troll

      “Since none of these Commonwealth’s Attorneys have (to my knowledge) announced their intent to not prosecute felonies…”

      Well, there is Youngkin’s son committing felony voter fraud in Fairfax… so, maybe Miyares should step in… eh…??

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Think about it, folks. Do you really want to authorize the Attorney General to insert himself into local prosecutions? The scope of that office has expanded too much already. Remember: what goes around comes around. There will be a Democratic Attorney General at some point in the future and he or she will be able to exercise any expanded authority is able to get out the GA now.

    1. James Wyatt Whitehead Avatar
      James Wyatt Whitehead

      Mr. Herring set this precedent by inserting himself into the education debate in Loudoun. Mr. Dick might be right. Mr. Herring’s actions were a slow fuse to the current disaster in Loudoun.
      https://www.lcps.org/cms/lib/VA01000195/Centricity/domain/60/voag/VOAG_Letter_to_LCPS.pdf

    2. tmtfairfax Avatar
      tmtfairfax

      Dick -the issue is whether a local, duly elected official can decide to ignore the statutes in effect. What if a commonwealth attorney said no prosecutions of crimes against illegal immigrants or that white people only would be prosecuted for a specific crime? The issue is not state interference in local decisions. Rather, it’s about a local official deciding to pick and choose what laws will be enforced. The job of changing laws in my area is in the hands of Barbara Favola and Kathleen Murphy and not Steve Descano.

      1. James McCarthy Avatar
        James McCarthy

        That is the nature of prosecutorial discretion. It is no change to law when a CA declines to prosecute. Nor is that choice one of indiscriminate picking and choosing.

    3. Rafaelo Avatar
      Rafaelo

      The law already limits the Atty General to prosecuting only crimes the Governor tells him to: “§ 2.2-511 Criminal cases. A. Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in circuit courts” — then comes a list of exceptions, specific laws the Atty General can enforce without the Governor’s say-so: theft of state property, kiddie porn, and others.

      In an Executive Order being drafted the Governor will task the Atty General with additional specific crimes.

      In reply to Mr. Hall-Sizemore’s commendable caution, the Atty General already can reach into localities for some prosecutions. The crimes the Executive Order would add may be viewed as essentially crimes against the Commonwealth, not just local. Though it is true they are crimes –felonies– to which the Woke are prone. Like arson. Work in progress. Stay tuned.

  6. James McCarthy Avatar
    James McCarthy

    Many years ago in college, I deemed myself to be a conservative. I no longer recognize that tribe today. Not in a million years would traditional, classic conservatives advocate election nullification as proposed by the new VA AG. No, in those days, we would challenge the elected official in fair competition, not scuttle the office with such a desperate, undemocratic scheme. Conservatives in my time would have defended prosecutorial discretion while mounting a campaign to win the office in question. Conservatives in my time held sacred the choice of the people to fill an office. The proposed legislation is despicable political manipulation unworthy of conservatives or liberals.

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