Andrew Crespo Profile picture
Professor of Criminal Law and Procedure @Harvard_Law Executive Faculty Director @endmassinc_org Founding Editor @_Inquest_

Sep 3, 2020, 8 tweets

Six weeks into #OperationLegend DOJ has arrested 2,000+ people but has only filed charges in 476 cases.

In other words, they are "declining" to file federal charges in the vast majority of cases (76%).

FYI: That's more than triple the normal federal declination rate for 2019.

Data from USAO Annual Statistical Report, in tbl. 1 (cases filed) & tbl. 14 (cases declined).

I'm calculating declination rate as (filed) / (filed + declined)
justice.gov/usao/page/file…

Reminds me of the federal "surge" in #PDX to suppress what the administration called "violent mobs," which led to maybe two dozen federal charges over the course of a three week operation? So, like, a charge a day? (Not sure the latest count.) justice.gov/usao-or/pr/18-…

As I told @pbump in the @washingtonpost back then, there's a perhaps counterintuitive problem here: Arresting people without charging them insulates the arrest itself from any sort of judicial (or often public) scrutiny. Increases risk of lawless arrests. washingtonpost.com/politics/2020/…

It's a tricky problem to solve:

Well, not *that* tricky. Not arresting people illegally in the first place would take care of it. But...

Sorry, to clarify, the calculation above is the "filed rate." The declination rate is (declined) / (filed + declined), which is what I did to get the declination rate in the initial tweet. Typing too fast when explaining it in the tweet immediately above.🤦🏾‍♂️

PS - Posting this mid-thread clarification here for visibility:

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