“Making conclusive determinations of innocence is never the task of the federal prosecutor,” Flood wrote to Barr. “What prosecutors are supposed to do is complete an investigation and then either ask the grand jury to return an indictment or decline to charge the case.”
Flood continued, “In the American justice system, innocence is presumed; there is never any need for prosecutors to ‘conclusively determine’ it. Nor is there any place for such a determination.”
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