It was soon clear to Holder that he might have to launch an investigation to determine whether crimes were committed under the Bush administration and prosecutions warranted.
877, 881, 87 L.Ed. 1324, we held that there was a sufficient showing of threatened irreparable injury to federal rights, which could not be dissipated by a particular prosecution, to warrant equitable intervention by a federal court.
The prevailing rule has long been that a district judge is to submit a case to the jury if the evidence and inferences therefrom most favorable to the prosecution would warrant the jury's finding the defendant guilty beyond a reasonable doubt.
Instead of a District Attorney making prosecuting determinations, AB 953 requires that a special prosecutor be appointed to review the criminal investigation, decide if prosecution is warranted, and actually prosecute the case.
But she seems to think, among other misunderstandings, that Maurizio Fiorilli, a lawyer for the Culture Ministry who is her main Italian source, is "the authority who decided whether prosecution was warranted," when in fact the case is prosecuted by the judiciary, not the ministry.
L. 97 409, §§ 2(a)(1)(A), 4(c), substituted "that there are no reasonable grounds to believe that further investigation or prosecution is warranted" for "that the matter is so unsubstantiated that no further investigation or prosecution is warranted" and substituted "independent counsel" for "special prosecutor".
The Justice Department and the Securities and Exchange Commission will determine in the days ahead whether prosecution is warranted.
That would let Washington evacuate any accused American and determine whether prosecution is warranted in American courts.
We will conduct a full investigation to determine if a federal criminal civil rights prosecution is warranted".
"My decision is not a finding that crimes have been committed or that any prosecution is warranted.
