OK, suppose for the moment that Wilson's shooting was justified.

[branford]

68. "Explaining" or "understanding" is not justifying.

If someone is not with you, they are not necessarily against you.

It is apparent that many people do not understand the role, obligations and duties of either a grand jury or a prosecutor.

McCulloch did not have an actionable actual conflict of interest mandating withdrawal and his behavior in the grand jury was not in violation of any canon of professional ethics. If either was true, there are a number of parties, including the DOJ, that would have sought judicial intervention long ago. Their silence speaks volumes. There are far too many armchair lawyers on DU who are spreading incorrect information and bad advice.

However, with all that said, that does not mean anyone has to like or respect McCulloch and his choices. If he really wanted to charge Wilson, he could have avoided the grand jury altogether or targeted his presentation to virtually guarantee an indictment. This was clearly not his aim. However, due to the broad powers of prosecutorial discretion, he had no obligation to seek an indictment at all.

McCulloch should have had the courage of his purported convictions and stated that his investigation did not lead him to believe that Wilson committed any crime. His using the grand jury for political cover was cowardly, but lawful.