Milbank, in a September 12 article, wrote, "What happened in Ferguson, Mo., was a tragedy. What's on course to happen there next month will be a farce."
The article continued, "October is when a grand jury is expected to decide whether to indict the white police officer, Darren Wilson, who killed an unarmed black teenager by firing at least six bullets into him. It's a good bet the grand jurors won't charge him, because all signs indicate that the St. Louis County prosecutor, Robert McCulloch, doesn't want them to."
Washington Post columnist Dana Milbank claims the fix is in with the Wilson grand jury
The article points to the rarely seen tactic of not having specific charges put forth by the prosecutor for the grand jury to consider. "The latest evidence that the fix is in came this week from the Post's Kimberly Kindy and Carol Leonnig, who discovered that McCulloch's office has declined so far to recommend any charges to the grand jury. Instead, McCulloch's prosecutors handling the case are taking the highly unusual course of dumping all evidence on the jurors and leaving them to make sense of it."
McCulloch's failure to impartially prosecute the matter is upsetting to many in the local community. Missouri State Sen. Maria Chappelle-Nadal pointed to the fact that Wilson has not yet been arrested or charged, and remains on paid administrative leave.
"I am concerned because my constituents are concerned," Chappelle-Nadal told CNN. She said protesters carry signs or post signs in their yard demanding that McCulloch step aside. "They say this could have been me and if they killed someone they would immediately be in jail."
Defenders of Holder will point to the fact that as a local prosecutor, McCulloch is not an employee of the Department of Justice (DOJ). While true, the DOJ reserves the right to pursue what appear to be fairly straightforward civil rights violations in the death of Michael Brown. Holder, as the chief law enforcement officer in the U.S., cannot credibly assume a posture of powerlessness.
Prosecutors and police may be viewed as partners or even coconspirators in this outbreak of violence. Law enforcement personnel, like other government witnesses, parrot lines in court which will most help the prosecution. Prosecutors cannot risk alienating this pool of persuasive witnesses. Every policeman they prosecute diminishes how police in general might be viewed by jury pools. A little collateral damage will not be allowed to interfere with prosecutors fast tracking themselves up the judicial-corporate ladder.
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