CNN reports that the Department of Justice continues to express frustration with the refusal of local Ferguson officials to hide from the Grand Jury and the public generally truthful information about the August 9 shooting of Michael Brown. These same frustrations have been repeatedly echoed by the most hardcore of the Ferguson protestors, at increasing volume as they see the prospects for an indictment of officer Wilson rapidly fading.
County Prosecutor Robert McCulloch has asked federal officials to coordinate on the timing of the announcement of the local Grand Jury outcome, in the interests of
minimizing the potential for more rioting, looting, and arson. It is widely expected that the local Grand Jury
will decline to indict Wilson, because of a profound lack of evidence of criminal conduct.
CNN's
report shows that DOJ officials have declined to do so, arguing that it would "undermine their argument that the federal investigation is independent." Of course, an official closure of the DOJ investigation would also not allow the Department to follow the strategy they have in the Zimmerman case of dragging out their investigation for years. This strategy pursued in the Zimmerman case allows for such politically expedient announcements, days before a major election, as the sudden convening of a Zimmerman Grand Jury based upon evidence of highly questionable credibility.
The CNN article
notes that the state and federal investigations are based upon separate and distinct statutes, and thus are not entirely identical. Left unsaid is the equally obvious point that the state and federal investigations serve different political masters.