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

[branford]

78. Why exactly should he or the presenting prosecutors be disbarred?

If the question was whether the issue about the law before the grand jury was stupid or possibly even deceitful, I would readily agree. However, it would not normally merit a disciplinary proceeding, and if it did, the worst punishment would likely be a warning. Disbarment for any of the related attorneys would be considered ludicrous. Opposing the prosecution of Wilson, however, is not in any way an ethical violation, and any remedial action would simply mandate a new grand jury that will still controlled by McCulloch. It would have the same result.

If I need to be even more clear, I have no doubts that McCulloch intentionally tanked the grand jury to ensure that they would not indict. One hardly needs legal training to observe something so obvious. Nevertheless, the bounds and breadth of prosecutorial discreation is immense, and McCulloch's and his assistants' conduct before the grand jury was entirely lawful, if equally loathsome.

A prosecutor is under no obligation to seek charges in any potentially criminal matter, nor even advocate a vote for indictment when a matters goes before a grand jury. McCulloch did not want to prosecute this case. Rather than stand by his apparent convictions, and simply not move forward, he (lawfully) manipulated the grand jury to provide him with some political cover. Such conduct is not entirely unknown, and has occurred in other difficult self-defense and police shooting cases.

Understanding that McCulloch's actions were lawful and did not violate any rules of professional conduct, or even if any rules were violated, they would be considered very minor infractions, is most certainly not a defense of McCulloch, Wilson, grand juries or anyone or anything else. It's simply an acknowledgment of the rules and procedures employed in our criminal justice system and manipulated by district attorneys across the nation who are really just local politicians like any other.

To accept that this is in fact the system that is in place, does not mean anyone is justifying the particular result of this grand jury or McCulloch's conduct, or preventing anyone from seeking to change the rules or procedures. However, if one complains about a system or seeks to change it, it not unreasonable to suggest that they should have a proper understanding of the system, not rely on misinformation, emotion, rumor or innuendo.