Miyares Chairs New PAC Aimed at Electing Conservative Prosecutors

Attorney General Jason Miyares is the honorary chairman of new PAC Protecting Americans Action Fund (PAAF), which is focused on supporting conservative prosecutors in races across the U.S. The new PAC is operated by GOPAC.

“As we thought about how we continue to have an impact and what at our core is making sure Americans have personal and economic security, because that’s the basis of American success, Americans having personal and economic security, there was a big area missing,” GOPAC Chairman David Avella said in a Thursday press conference. “That was making sure that we had prosecuting attorneys who are willing to enforce the law.

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State Senate Committee Kills Bill That Would Have Expanded Virginia Attorney General Miyares’ Prosecuting Power

The Senate Judiciary Committee killed a bill that would have expanded the power of the Office of the Attorney General to conduct its own criminal prosecutions if requested by local law enforcement. The bill was on Attorney General Jason Miyares’ wishlist and would have allowed Miyares to intervene in cases where Miyares and the chief local law enforcement officer don’t like the way the local Commonwealth’s attorney handles a case.

Under Virginia law, the governor can already ask the attorney general to conduct criminal prosecutions, but otherwise the attorney general’s local prosecutorial power is limited to some specific types of cases. Progressive prosecutors in some jurisdictions have pushed for more lenient sentences, or declined to prosecute certain kinds of cases; that’s frustrated conservatives who say prosecutors should represent the interest of the state, not the accused person.

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Virginia State Sen. Morrissey Introducing Legislation to Strengthen Good Samaritan Law

Senator Joe Morrissey (D-Richmond) is drafting legislation to strengthen a Virginia law that protects people from arrest or prosecution for substance-related crimes when experiencing or reporting overdoses. The law was originally passed in 2015 to make sure that people needing emergency medical attention could get needed care. Morrissey said that Henrico Commonwealth’s Attorney Shannon Taylor’s office is circumventing the law.

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Miyares Wants Authority to Override Commonwealth’s Attorneys If Requested by Law Enforcement

Miyares holds press conference

Attorney general-elect Jason Miyares wants the General Assembly to authorize him to get involved in local prosecution if the top local law enforcement officer says the Commonwealth’s attorney isn’t doing their job. In a press conference Thursday, Miyares specifically called out progressive prosecutors in northern Virginia.

“Right now, the way it works is if a sitting Commonwealth’s attorney requests it, we can come in and prosecute a case on their behalf,” Miyares said. “We’re going to be seeking a legislative change, and the governor-elect Glenn Youngkin has already indicated that he would sign that into law.”

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Another Group Aims at Northern Virginia Commonwealth’s Attorneys for Recall

Another group is targeting northern Virginia Commonwealth’s Attorneys Buta Biberaj, from Loudoun, and Steve Descano, from Fairfax. This week, Virginians for Safe Communities (VSC) announced recall efforts against Biberaj and Descano, already the targets of a separate organization Stand Up Virginia (SUV). VSC is also targeting Commonwealth’s Attorney Parisa Deghani-Tafti, from Arlington and Falls Church.

“Northern Virginia deserves honest, hard-working, and effective Commonwealth’s Attorneys who seek accountability for criminals, protect our communities, and uphold the law without reservation or ideological blinders,” VSC President Sean Kennedy said in a press release.

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Northern Virginia Commonwealth’s Attorneys Seek Big Budget Increases

Fairfax County Commonwealth’s Attorney Steve Descano’s (D) office is getting more funding, after the Board of Supervisors adopted a budget for 2022 on Tuesday, according to the Tysons Reporter. The budget includes $8 million for Descano’s office, about 27 percent more than $6.3 million for fiscal year 2021. But that’s far less than the $19.1 million budget Descano has said his office needs.

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Commonwealth’s Attorney Deghani-Tafti Partners with Vera Institute of Justice

The Vera Institute of Justice announced that Arlington County and Falls Church Commonwealth’s Attorney Parisa Dehghani-Tafti and St. Louis, Missouri Circuit Attorney Kim Gardner would be the first of ten new prosecutors in a program designed to provide support and training to cut criminal justice racial disparity by 20 percent.

“The Vera Institute of Justice will provide assistance with data analysis, staff training, community engagement, and policy support to expand the offices’ understanding of the criminal legal system’s history of racial injustice and guide them on a path toward a more equitable future,” a Vera Institute press release states.

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Loudoun Board of Supervisors Criticizes Commonwealth’s Attorney for Handling of Domestic Violence Cases

The Loudoun County Board of Supervisors has decided to give Commonwealth’s Attorney Buta Biberaj a smaller budget increase than requested amid concerns over high turnover in Biberaj’s office and her handling of domestic violence cases. In recent budget work sessions, supervisors cited a statistic that out of 735 cases, Biberaj’s office dismissed 491 cases. As an elected official, Biberaj herself is not under the authority of the board, but the county contributes a significant portion of her office’s budget.

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Virginia Progressive Prosecutors for Justice Call for More Criminal Justice Reform

A group of Commonwealth’s Attorneys has released a letter to the General Assembly calling for more criminal justice reform. In the letter, the Virginia Progressive Prosecutors for Justice (VPPFJ) call for automated expungement of criminal records, ending mandatory minimum sentences, ending cash bail, abolishing the death penalty, and ending the “three-strikes” felony enhancement for petty larceny.

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New Wave of Prosecutors Pushing to Ignore Sections of Law

Governor Ralph Northam signed a bill on Wednesday requiring judges to dismiss cases when both prosecutors and defense attorneys agree. The bill was born after Norfolk Commonwealth’s Attorney Greg Underwood (D) announced that he would not be prosecuting misdemeanor marijuana cases, according to The Virginian-Pilot. The bill is an example of a national push to allow prosecutors discretion to ignore whole sections of law, according to Heritage Foundation Legal Fellow and former prosecutor Zack Smith.

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