It is time for Attorney General Dana Nessel to end the political prosecution of Nick Lyon and others in the Flint Water Crisis. Now that the Michigan Court of Appeals has supported the lower court ruling that the AG must form a Taint Team, the continuation of this political prosecution, will cost the taxpayers of this state an additional $40 million.
For the last 15 months I have been ranting about Attorney General Nessel’s inappropriate political prosecution of Nick Lyon and others for their roles in the Flint Water Crisis. Initially my opposition to the prosecution was that the remedy in the case was in the civil courts. In addition, I felt that prosecuting leaders for decisions they made which resulted in an undesirable outcome is not a crime. To do so, would create a precedent for an endless number of political prosecutions which would bog down our courts. Most importantly, it would stifle decision making out of fear of being prosecuted. (Think about the possibility of a Republican AG deciding to prosecute Governor Whitmer for her role in the Benton Harbor Water Crisis and the use of nursing homes during the early stages of the Covid-19 pandemic.)
I am now adding a third reason for dropping this case. A $40 million burden to the taxpayers. Yesterday the Michigan Court of Appeals, rejected AG Nessel’s appeal to the court to overturn a lower court decision requiring the AG to form a Taint Team. The purpose of the Taint Team is to review all the documents, emails, etc. the AG and her team used to file charges in the criminal case to make sure the documents did not violate attorney-client privilege. This is important because the AG’s team used documents obtained while her office was defending the state in the civil case as evidence against Lyon and others that in the criminal cases. The civil case has been settled for over $650 million in civil court. Any information covered under attorney client privilege and obtained as part of the civil case is not permissible to be used by the AG in the criminal court case. AG Nessel knows this.
The AG’s office had been warned by her own team of lawyers prior to filing the criminal charges 15 months ago that she needed to form a Taint Team, to review all the documents. She ignored the advice and went ahead with the prosecution anyway. In court documents, the AG’s chief prosecutor said that it would take up to three years to complete the Taint Team review, at a cost to the taxpayers of $38 million.
While the Taint Team review is going on, the criminal case would be but on hold until completion of the work of the Taint Team. Since It has been 15 months since Lyon was charged in this case, Lyon’s constitutional right to a fair and speedy trial has already been violated. To add three more years to the process before he finds out what the AG office has used for evidence of a crime is beyond ridiculous and is an affront to everyone.
Not only will it cost the taxpayers $38 million to complete the Taint Team work, the taxpayers are also paying for the defense teams of Lyon, former Governor Snyder, and others because they were employees of the State at the time. To date over $8 million has been spent by the taxpayers for the work of the AG’s prosecution team. Add, $38 million to that, plus the continued cost of the lawyers for the AG’s office and the defense teams, and the result will be well over $50 million if the case is allowed to continue.
I have said it many times before and I will continue to say it. The case has no business in our criminal court. It has already been settled in our civil courts, and as part of the settlement, the AG has said in court documents that they found no wrongdoing on the part of Lyon and others. There is no valid legal reason to continue this political prosecution of Mr. Lyon and others.
Pray for peace and tolerance. What are you doing to stop the violence? Get vaccinated and get your booster.
Orchid of the Day: The Duke Blue Devils for continuing Coach K’s final season. They are three victories from sending Coack K out in style.
Onion of the Day: My brackets. The losses of Arizona and Gonzaga killed my brackets.
Quote of the Day: “It is time for AG Nessel to drop all charges against the defendants! AG Nessel’s weak and clumsy prosecution is unraveling at the seams. The continuation of the political persecution needs to end. It is the right thing to do.” Former DHS Director, Jim Haveman.
Video of the Day: My bracket buster.
Biggsie, sooo sorry about your brackets. boz