Feds Jump Into Vick Investigation
I was more than a little confused by the news this morning that federal authorities have joined the Michael Vick dogfighting investigation in Surry County, Virginia. The only federal law against dogfighting is found in 7 U.S.C. 2156, which generally prohibits dogfighting where the dogs have been transported across state lines (a jurisdictional "hook" to get the crime under the Commerce Clause of the U.S. Constitution). Paragraph (f) of that code section allows the Secretary of Agriculture (former Nebraska Governor Mike Johanns) to enlist the FBI in investigating possible dogfighting infractions. The crime was recently made a felony by a bill signed May 7, 2007. It would appear to me that Vick would only be facing the previous misdemeanor penalties.
Naturally, I expect someone in the federal government to be standing behind a podium within the next couple days to announce the government's crackdown on dogfighting. Why not? It's a welcome diversion from other problems that are actually within the federal government's scope of expertise (foreign affairs, immigration, social security, etc.). Surry County Commonwealth's Attorney Gerald Poindexter has seemingly nailed the Secretary's motivation, noting that they only care about dogfighting in his rural county because Michael Vick is reportedly involved. Poindexter, who has done everything in his power to deflect attention away from the story (and perhaps preserve the last few impartial jurors left) while he conducts his investigation, will now have to integrate the federal findings and his own investigation.
blahblabblahblahlahhblahblah Feds to the rescue!
Why would he have to integrate the federal findings? Because they are not going to prosecute the case. The federal statute is generally the state crime, with the added element of interstate commerce, and thus is that much harder to prove. The Feds will come in and putz around for a few weeks before turning boxes of dirt over to Poindexter. I'm sure they'll wish him luck as the black Suburbans head back up I-64 and I-95.
Then again, perhaps I should have more confidence in the investigatory abilities possessed by the Federal Government. They did compentently handle the Atlanta Olympic Park Bombing, Eric Rudolph, the Unabomber, the JFK assassination, the MLK assassination, the first World Trade Center bombing, D.B. Cooper, Jimmy Hoffa, the anthrax mailings, Waco, Ruby Ridge, Elian Gonzalez, etc. etc. etc.
I also can't help but question the timing of the FBI's involvement. The news media has vaguely reported that Mr. Poindexter declined to execute a search warrant that he felt was deficient. That warrant, which purported to authorize a search of Vick's premises for the corpses of dogs, expired yesterday. In my opinion, the news media would love to see a bunch of investigators digging holes all over the property, perhaps even unearthing some carcasses. From the prosecutor's point of view, the dog corpses are not even close to conclusive evidence of dogfighting. This isn't CSI-Surry; the bones or carcasses will likely not provide definitive proof of any of the elements needed to prove the state crimes. The corpses certainly would not link any particular person to the crime, unless Michael Vick's driver's license fell in one of the holes. Plus, the normal rule of executing a warrant as quickly as possible to prevent the spoliation of evidence does not apply when you are looking for buried dog corpses. Anyone entering the property with the intention of removing or moving the bodies would be a prohibitive favorite for America's dumbest criminal.
blahblablahhblahblah What a jury expects to see at trial
The investigation, at least as it was directed by Mr. Poindexter, was being conducted methodically. The first six letters of methodically are method. If Mr. Poindexter goes to trial with 40 hours of evidence that dogfighting occurred on the property, but no evidence that links any single person to the actual enterprise, no one will be convicted. Unlike the Feds, Mr. Poindexter's duty is to the people of Surry County and the Commonwealth of Virginia. Exposing dogfighting in his county without punishing any of the people responsible for it would not serve that duty. It appears the Feds may swoop in and lay waste to Mr. Poindexter's plan.
