The Law Enforcement Legal Defense Fund is calling for an investigation of Fairfax County Commonwealth’s Attorney Steve Descano. (Ethan Miller/Getty Images; Sarah Voisin/Getty Images)
On Wednesday, the Law Enforcement Legal Defense Fund (LELDF) told Fox News Digital it would ask the Trump Justice Department to use the same law in a different respect to investigate progressive Fairfax County Commonwealth’s Attorney Steve Descano in Virginia.
Descano, who received at least $600,000 from a George Soros-funded political action committee during his first election bid in Virginia’s largest jurisdiction in 2019, came under fire recently for the nonprosecution of an illegal immigrant who allegedly murdered someone the day after he was released.
LELDF’s request "seeks to use established federal civil-rights tools to test whether a prosecutor’s office is operating a discriminatory system that endangers the public and erodes equal justice under law," the group’s president, Jason C. Johnson told Fox News Digital. LELDF officials will formally ask Deputy Attorney General Harmeet Dhillon to investigate Descano’s office under the same "pattern-or-practice" concerns as Biden’s DOJ had in Louisville.
The group alleged the Fairfax Commonwealth’s Attorney’s Office "violat[ed] the civil rights of US citizens by favoring illegal aliens and non-citizens in charging, plea bargaining, and sentencing decisions."
They cited Descano’s "official policy" to consider "immigration consequences" when prosecuting cases.
"As a federal prosecutor, Steve protected immigrants from criminals who targeted them due to their immigration status… Steve knows that regardless of immigration status, all our neighbors deserve equal protection of, and equal access to, the law," a passage on Descano’s campaign page reads.
"The fear of law enforcement that Donald Trump has fostered in immigrant communities does nothing but lead to increased crime," Descano claimed in backing up his policy.
"In addition to providing a safe place, Steve’s office will take immigration consequences into account when making charging and plea decisions. Although prosecutors typically refer to immigration consequences as ‘collateral consequences,’ avoiding the unnecessary destruction of families and communities will be a top priority for Steve as Commonwealth’s Attorney. Wherever possible, Steve will make charging and plea decisions that limit or avoid immigration consequences."
That type of prosecutorial discretion runs afoul of the law, LELDF claimed in their letter to Dhillon.
SEARS DEMANDS RECALL OF FAIRFAX PROSECUTOR AFTER ATTEMPTED KIDNAPPING CASE
Steve Descano speaks at an event at the Center for American Progress on Dec. 17, 2019. (Getty Images)
"It is both immoral and unlawful for a government agency to engage in systemic discrimination against U.S. citizens to the benefit of those illegally present," the group told Dhillon.
The memo represents the necessary predicate for a federal investigation, they argued, while also taking issue with Fairfax’s "explicit policy directing prosecutors to weigh immigration consequences, including deportation's ‘detrimental impact’ on families and communities, while ensuring no better outcomes than for non-immigrants."
In a fuller excerpt from the memo, Descano says that when the seriousness of an offense and its harm is significant, the weight of "potential adverse immigration consequences" should be "minimal," while the opposite is true for "less serious" offenses and those with "no identifiable victim."
In those cases, subordinate prosecutors should "have greater latitude in negotiating a resolution that takes adverse immigration consequences into account."
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While his office did not respond to a request for comment, Descano has also bristled at the notion of being tied to Soros — recently hitting back at a top Youngkin administration official who blamed prosecutors linked to the Hungarian-American financier for the crime crisis.
"I'm not a ‘Soros funded prosecutor’, I'm the CA for Fairfax County - where the murder rate is 75% lower than the entire Commonwealth's. Maybe [she] should look at the numbers (especially since she works in public safety) before making such a ridiculous claim," Descano tweeted in 2022.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
https://www.foxnews.com/politics/pro-police-group-asks-doj-probe-soros-backed-virginia-prosecutor-using-biden-era-law-once-aimed-cops