Late last Friday afternoon, D.C. Attorney General Irvin Nathan released a letter determining not to prosecute David Gregory “despite the clarity of the violation of this important law.”
After the letter was released, Legal Insurrection discovered that Attorney General Nathan had participated in a mock trial event at the Shakespeare Theatre in Washington, D.C. in April 2011 with Beth Wilkinson, the wife of David Gregory (who also was in attendance).
That raised the question as to whether there was any more extensive professional or social relationship, and whether the Attorney General should have recused himself from Gregory’s criminal investigation.
Former federal prosecutor William G. Otis wrote that that one event was enough to make recusal the better path given the nature of the case and the potential defendant, a position with which Paul Mirengoff agrees.
On Monday of this week I reached out to Attorney General Irvin, through his press spokesman Ted Gest, with the following questions:
1. To what extent did the Attorney General know the Gregories? We know the Attorney General and Mrs. Gregory (Beth Wilkinson) participated together in a mock trial at the Shakespeare Theater in April 2011. Did he have any other personal or professional interactions?
2. Did the Attorney General ever consider recusing himself from the decision whether to prosecute? If yes, why did he not recuse himself?