Neworld said:
Could someone in the audience with legal experience please provide some comment on the FBI investigation as it relates to LA.
Specifically, are there certain parameters, legal requirements or endpoints that need to be fulfilled in order to continue on with a case such as this?
If certain facts, statements, levels of evidence are not brought forth or obtained can the case be dismissed and does the FBI 'have' to make a statement when the case is closed? Are there certain time-restraints or 'achievements' needed to continue with a case?
NW
Federal investigators can make a statement clearing a person (like they did when they cleared Richard Jewell of Eric Rudolph's bombings), but there is no specific obligation to do so. Jewell got cleared because the feds wanted to make it right (and minimize their liability for all the harm they caused an innocent man). That is extremely rare, though.
You are not likely to see any announcement that the investigation of Lance Armstrong is "over." Even when they exonerated Jewell (the ultimate innocent guy), they still included qualifying language in their statement that did not foreclose the possibility of further investigation if new evidence was developed.
You never see the feds announce that they are ending an investigation of an international drug trafficker, for example.
The investigation can go on as long as the United States Attorney wants it to go on. We invest our law enforcement officers with discretion. Courts intervene only in the rarest of cases. Ultimately, the elected official (the President) is accountable at the polls for the acts of his Cabinet. Cops can play hunches, in other words.
The word "case" is really ambiguous. It can mean a lot of things. For me, the case starts when charges are brought into the court. I call the stuff happening beforehand "investigation," but many people use the term "case" to cover pre-charging investigation also. At any event, you have to split your analysis into the "preaccusatorial" and "postaccusatorial" parts.
A subject of an investigation has little power to mess with a properly conducted federal investigation. He can invoke his 5th Amendment right to remain silent, he can challenge subpoenas that are sufficiently connected to him, he can seek to enjoin search warrants (practically very difficult), and he can seek to enjoin unreasonably harassing investigative behavior (very unusual). We can also add that he can seek protection from the courts from grand jury leaks (if he can meet his burden of proof). I can't think of much else.
Once an indictment is returned (starting the postaccusatorial phase), however, all the rules of federal criminal procedure and the Constitution are available to protect he accused because (a) the accused's freedom is subject to pretrial limitation; and (b) the accused can be punished if convicted. There are tools available to test the evidence only in the post accusatorial phase,and they are substantial. There's no point in talking about Lance's post-indictment rights now. The likelihood or unlikelihood of an indictment is unknown.
"Dismissal" is solely a postaccusatorial event.
An investigation can go on forever, but the feds are not going to waste their time on crimes barred by the statute of limitations. For Lance, that excludes a wide array of potential crimes that could conceivably be charged, but for the statute of limitations.
The "achievement" that turns a person from a preaccusatorial suspect into the accused is the return of an indictment. An indictment is, simply put, the GJ's finding (at the fed's request) that the subject probably committed the charged crime--based on untested evidence. There is no other "achievement" relevant in the investigative (preaccusatorial) phase. Investigations can go on for decades (think D.B. Cooper), and investigators have great discretion.