A pro-police organization is set to petition the Justice Department to investigate a Virginia prosecutor accused of leniency towards illegal immigrant suspects, invoking a law previously used by the Biden administration to scrutinize police departments following incidents like the Breonna Taylor case.
The "pattern-or-practice" provision under 34 USC 12601 has been employed to probe alleged civil rights violations by police departments during Biden's tenure, including in Louisville after a no-knock warrant resulted in Taylor's death. This law has also been applied to departments in New Jersey, Mississippi, Tennessee, and a division of the NYPD for various allegations, such as excessive force and unlawful traffic stops, as reported by Fox News.
On Wednesday, the Law Enforcement Legal Defense Fund (LELDF) disclosed to Fox News Digital its intention to request the Trump Justice Department to utilize the same statute to investigate Fairfax County Commonwealths Attorney Steve Descano in Virginia. Descano, who received significant financial backing from a George Soros-funded political action committee during his 2019 election campaign, has faced criticism for not prosecuting an illegal immigrant accused of murder shortly after being released.
LELDF's request aims to employ federal civil-rights tools to determine if Descano's office operates a discriminatory system that jeopardizes public safety and undermines equal justice, according to the group's president, Jason C. Johnson. The organization plans to formally ask Deputy Attorney General Harmeet Dhillon to investigate Descano's office under the same "pattern-or-practice" concerns previously raised by Biden's DOJ in Louisville.
The group accuses the Fairfax Commonwealths Attorneys Office of violating the civil rights of U.S. citizens by allegedly favoring illegal aliens and non-citizens in legal proceedings. They point to Descano's policy of considering "immigration consequences" when prosecuting cases as evidence of this bias.
A statement on Descano's campaign page reads, "As a federal prosecutor, Steve protected immigrants from criminals who targeted them due to their immigration status Steve knows that regardless of immigration status, all our neighbors deserve equal protection of, and equal access to, the law." Descano has defended his policy by arguing that "The fear of law enforcement that Donald Trump has fostered in immigrant communities does nothing but lead to increased crime."
Descano's approach prioritizes avoiding the unnecessary destruction of families and communities by considering immigration consequences in legal decisions. However, LELDF contends that such prosecutorial discretion contravenes the law, as outlined in their letter to Dhillon.
The case of Marvin Morales-Ortez is cited as a prime example, where first-degree murder charges were dropped by Descano's office, which claimed evidence showed Morales-Ortez was not the perpetrator. However, a transcript obtained by reporter Nick Minock revealed that Morales-Ortez was present during the murder and allegedly ambushed the victim.
Following his release, Morales-Ortez reportedly committed another violent act, which incited outrage from the Trump administration. Assistant DHS Secretary Tricia McLaughlin criticized Fairfax County politicians for implementing policies that allowed Morales-Ortez's release, stating they have "blood on their hands."
LELDF argues that numerous illegal aliens, like Morales-Ortez, have received undue leniency from Descano's office. They reference a 2020 memo from Descano that instructs prosecutors to consider immigration consequences, which they claim violates the Constitution by denying U.S. citizens equal protection under the law.
The memo, according to LELDF, provides grounds for a federal investigation, as it directs prosecutors to weigh immigration consequences, including the potential impact of deportation on families and communities. Descano's office, however, did not respond to requests for comment on the matter.
Descano has previously rejected associations with Soros, responding to accusations by a Youngkin administration official linking him to the financier. In a 2022 tweet, Descano stated, "I'm not a Soros funded prosecutor, I'm the CA for Fairfax County - where the murder rate is 75% lower than the entire Commonwealth's. Maybe [she] should look at the numbers (especially since she works in public safety) before making such a ridiculous claim."
The ongoing debate over Descano's policies and their implications for public safety and justice continues to unfold, with the LELDF's request for a federal investigation adding another layer to the complex legal and political landscape. As the situation develops, the balance between immigration considerations and the enforcement of law and order remains a contentious issue, reflecting broader national debates on immigration and criminal justice reform.
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