A Welcome Development in the Ahmaud Arbery Case

Today, Georgia Attorney General Chris Carr has requested that the United States Justice Department investigate the two District Attorney's offices that initially passed on the prosecution of the case. 

 AG Carr Tweeted:

(1/2) Our office is committed to a complete and transparent review of how the #AhmaudArbery case was handled from the outset.

(2/2) I have formally requested U.S. DOJ (@SDGAnews) to conduct an investigation into the handling of the case - including communications by & between the Brunswick/Waycross DA's.

Prosecutorial Discretion:

Normally, prosecutors are immune from investigation for their actions because they have almost complete prosecutorial discretion.  As they are elected officials, they ultimately answer to the voters, insofar as accountability is concerned.

However, nothing is absolute.  Even a prosecutor cannot participate in a conspiracy to violate the civil rights of someone.  As a Georgia Criminal Lawyer, I suspect (but do not know) that the basis of this investigation is that the failure to make an arrest, in this case, was potentially a conspiracy to violate Mr. Arbery's civil rights.

Commentary:

What makes this interesting is that ordinarily it has been my experience that being a prosecutor means never having to say you are sorry.  When a defense attorney commits malfeasance, there are consequences, but when it is a prosecutor, nothing usually happens.

Yet, because of the obvious miscarriage of justice seen throughout the nation, something just might happen.  If there are emails or text messages showing a coverup, these prosecutors may be subject to Federal Indictment.

Even the National District Attorney's Association, an organization with members throughout the entire country, has commented on this case, calling into question the judgment of the prosecutors who reviewed this case.

The reason Attorney General Carr needs Federal help is because Georgia does not have a statute covering violations of civil rights and federal law does.  It sure would be nice, as a Georgia Criminal Defense Attorney, to see some rare accountability in Georgia's court system.