AG Seeks to Close Hearing on School Division Grand Jury Challenge

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.”

9 thoughts on “AG Seeks to Close Hearing on School Division Grand Jury Challenge

  • 2022-07-07 at 5:44 pm
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    Youngkin & Miyares were elected after running dirty campaigns. They tried to link LGBTQ+ rights to criminal activity in Loudoun. Nothing could be further from the truth. If someone is going to break the law, they’ll do it regardless of LGBTQ+ rights. Rather than owning up to their dirty campaigns, Youngkin & Miyares continue to obscure the truth by empaneling this ridiculous grand jury. Enough is enough. Happy Black Family Month Loudoun!

    • 2022-07-08 at 10:15 am
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      Mr. Timothy Smith, please stop spinning this. It has nothing to do with the LGBTQ+ community. It has to do with a sexual assault and it is disrespectful to the victim to try and politicize it. She deserves better. Her family deserves better also.

      A female being sexually penetrated without her consent on school grounds during school hours is a crime. Nothing else should be discussed besides how that could be allowed to happen and how we MUST stop that from happening again in the future. This is about public safety, not special interest groups.

      • 2022-07-11 at 2:22 pm
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        That’s why her father went on TV eh?
        And why right leaning press continues to call the boy transgender?
        And why ALL the Republican politicians have made references to “boys dressed as girls”?
        And why the Loudoun County Sheriff refused to investigate felony death threats against democrat school board members (the one actual remaining crime that needs investigating.
        The boy was caught, convicted, and punished.

    • 2022-07-08 at 10:33 am
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      Boy do you love to look away from the facts. The fact is that your darling LCSB and superintendent allowed a sexual predator to continue to attend schools without notifying the public. The result? Two WOMEN, not birthing people, being sexually assaulted. Both the sup and SB knew of these, and did nothing except to try and sweep it under the rug. It’s time to find out what else was swept under the rug by these corrupt and immoral people. But hey, at least they arrested the father of one of the women sexually assaulted. So I guess there is a win for ya, Timmy.

  • 2022-07-08 at 8:29 am
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    I agree with this. The integrity and results of this grand jury investigation is too important to be somehow compromised. It should not be open to the public.

    It is funny that LCPS is trying to shut this investigation down. Someone who is innocent should have no issue with such an investigation, especially when they continue to claim no wrongdoing. This desperate attempt, including using taxpayer dollars for legal fees, clearly indicates they want to hid some things….hmmmm

    • 2022-07-11 at 10:44 am
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      It’s actually not a grand jury… it’s called a “Special Grand Jury.”
      It has it’s own set of rules and procedures. One of which is that it’s not done in open court. Even the report is not to be released to the public.

      See Virginia Code Article 3, § 19.2-206 through § 19.2-215

    • 2022-07-11 at 12:10 pm
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      OK, while I agree with the sentiment we need to be very cautious about using the line, “Someone who is innocent should have no issue with such an investigation.” This is the same tactic used by any authoritarian figure. Once that kind of policy is in place, how soon before it turns into the Shamuary 6 Witch Hunt where everything is put on to justify themselves and give the appearance of due process without the substance of it? Yes, the innocent should fear investigations despite having nothing to hide because once the government starts nosing around potentially violating your rights protected by the Fourth Amendment, how soon before they find anything, no matter how small, and use it against you?

      The burden of proof of wrong-doing must always belong to the government, and due process must be protected… and that includes keeping the grand jury investigation closed to the public. The grand jury’s job is to determine if there is enough evidence of wrong-doing to go to trial, not conduct the trial itself, and to open the investigation to the public can taint the potential jury pool for an actual trial.

  • 2022-07-08 at 10:11 am
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    Correction – the student was found GUILTY of the sexual assault in July BEFORE he was transferred to a different school where he assaulted another student who was unaware of his record. It wasn’t suspected, it was CONFIRMED and communicated to LCPS prior to the transfer.

    As a reminder, the first case had been postponed due to the Commonwealth Attorney, this led to many complications with LCPS, LCSO, and Juvenile Services. The board of supervisors were very vocal that it was unacceptable in how it was handled by all individuals. Please fact check your articles before publishing them. Thank you.

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