Ken Cuccinelli's Communication Director Brian J. Gottstein's Response to the Chairman

Dr. Hunter:

The government's civil detention of any citizen is always a serious matter.  However, the Attorney General of Virginia has no legal authority to investigate or charge public officials -- local, state, or federal -- involved in the temporary detention of Brandon Raub.  If any official involved violated Virginia or federal laws in the process, only a local commonwealth's attorney (for violations of Virginia law) or federal law enforcement officials (for violations of federal law) have the authority to investigate and prosecute.

In addition, while the Attorney General of Virginia does render legal advice to some local and state officials, he has no supervisory authority over local law enforcement, judges, magistrates, or prosecutors, and cannot compel them to act or not act a certain way in temporary detention situations.

As you know, Attorney General Cuccinelli has pushed back several times in court against the federal government for exceeding its constitutional and legal authority.  He has also been consistent that this principle applies to him, as well.  For that reason, he cannot exceed the authority granted to him and the Office of the Attorney General in this matter to do what you suggest he do.

Brian J. Gottstein
Director of Communication
Office of the Attorney General of Virginia
bgottstein@oag.state.va.us
804-786-5874
ag.virginia.gov