Interesting note on ATLaw, the legal blog run by Ed Bean and the Fulton County Daily Report:
Attorney General Sam Olens told a meeting of the Atlanta Press Club today that he will consider using his office to “take the appropriate action” if local district attorneys choose not to bring charges stemming from the state’s investigation into altered test scores and cheating in Atlanta public schools.
Here’s the specific quote from Olens, via my AJC colleague Willoughby Mariano:
“Many of the individuals have been granted immunity in that report. So neither the D.A.’s nor me would have had opportunity, by the immunity granted, to try and go up higher on the food chain.
“With regard to issues where [a] district attorney chooses not to take such action, I would encourage you to request that that district attorney transfer the file over to our office and we would then take the appropriate action.
“But once again, under Georgia law, I am limited until the district attorney says, ‘I’m recused or I don’t want to touch this issue, I’m sending it to your office.’”
At that point, said Lauren Kane, spokeswoman for Olens, the attorney general could refer to the case to a district attorney in another jurisdiction for prosecution, or assign a member of his staff to the case.
You have to wonder if this might be one instance where a statewide grand jury might be worthwhile.
- By Jim Galloway, Political Insider