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Eliot Rosewater

(31,106 posts)
Sun Sep 13, 2020, 03:28 PM Sep 2020

Question for our legal experts, lawyers, scholars.

While BARR destroys the DOJ

https://www.justsecurity.org/70041/barr-ignores-settled-justice-department-policies-in-run-up-to-2020-elections/#:~:text=The%20Justice%20Department%27s%20longstanding%20policy,formal%20criminal%20charges%20are%20filed.


The Justice Department’s longstanding policy against any public discussion of criminal investigations is based on the principle that no one under investigation by the department should be tainted by public discussion of the investigation unless and until formal criminal charges are filed.



Here are my questions:
1. Can the federal DOJ arrest an individual? indict? It is done by a US Attorney's office? Do they need a grand jury to indict? If they need a grand jury, and you were dealing with a corrupt AG, just the NEWS that such a grand jury has been convened would be disastrous, so I am trying to learn how this works...

2. what kind of crimes can they arrest or indict for?


In apparent violation of this Rule, Barr has publicly discussed the ongoing criminal investigation into the origins of the Justice Department investigation into Russia’s interference in the 2016 presidential election. Barr reportedly initiated this criminal investigation in 2019, and it is being conducted by U.S. Attorney John Durham under Barr’s supervision.


I am just wondering what could happen if you had a corrupt AG and so corrupt would be willing to use our enemy to provide intel that are all lies, of course, to use in an investigation to do this to high profile folks.
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Question for our legal experts, lawyers, scholars. (Original Post) Eliot Rosewater Sep 2020 OP
DOJ rso Sep 2020 #1
Thanks, so as I mentioned a US atty would have to do it, and then their jurisdiction is Eliot Rosewater Sep 2020 #2
DOJ rso Sep 2020 #3

rso

(2,267 posts)
1. DOJ
Sun Sep 13, 2020, 04:57 PM
Sep 2020

US Attorneys conduct investigations in conjunction with the federal law-enforcement Agency that has jurisdiction over a certain federal crime ( For example, FBI does terrorism, public corruption, Secret Service does counterfeiting of currency, IRS does tax fraud, and so on). Unless a crime is committed in front of a federal agent, cases are investigated, evidence collected and presented to a sitting a Grand Jury for indictment. So DOJ in Wash DC cannot “arrest” anyone, as there is even a US Attorney for the District of Columbia.

Eliot Rosewater

(31,106 posts)
2. Thanks, so as I mentioned a US atty would have to do it, and then their jurisdiction is
Sun Sep 13, 2020, 05:01 PM
Sep 2020

where the crime would have allegedly occurred.

rso

(2,267 posts)
3. DOJ
Sun Sep 13, 2020, 05:16 PM
Sep 2020

Yes, but US Attorneys are appointed by POTUS, so needless to say, Barr and Donnie do have influence over them. The other fact is that the field offices of federal law enforcement Agencies can begin an investigation based on information they receive, but once it looks like there may be enough evidence to proceed, they have to then contact the US Attorney and work jointly on presenting the evidence to a Grand Jury.

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