Virginia’s Attorney General, Jason Miyares has filed a motion to close Monday’s scheduled Circuit Court hearing on the Loudoun County School Board’s motion to halt his grand jury investigation.
In his July 5 motion, Miyares argues to close the hearing to the public because “there is no history of public access to hearings related to grand jury proceedings.” He goes on to say that since the 17th century grand jury proceedings have been closed to the public and the records of such proceedings have been kept from the public eye.
The hearing is scheduled to consider the school division’s March 19 motion that claims the empaneling of the special grand jury was unlawful, unprecedented and that the constitutional rights of the School Board were under attack. It seeks a temporary injunction to stop the Attorney General’s Office from moving forward with the special grand jury.
Miyares argues that hearing the injunction motion in public risks revealing grand jury matters and as a result “sealed and secret grand jury material will be inextricably interwoven into the hearing.”
“In short, public access to the July 11th Hearing would play a negative role, not a positive one, with respect to the functioning of the Special Grand Jury, “ Miyares wrote.
The probe was launched pursuant to Gov. Glen Youngkin’s Executive Order 4, issue on his first day in office, that seeks to hold accountable school division administrators who transferred a student suspected of committing a sexual assault in a high school bathroom to a different high school where he sexually assaulted a second student—and then allegedly withheld information and knowingly lied to parents.
The Attorney General’s Office also opposes the injunction request, charging the School Board ‘is trying to shut down or control a lawfully instituted criminal investigation and subsequent prosecution.”