A federal judge in Richmond heard oral arguments in a malicious prosecution lawsuit against Virginia Attorney General Jason Miyares Tuesday morning. The dispute stems from Miyares' campaign promise to open an election integrity unit. But the unit's only public-facing case crumbled leaving an election official out of a job and her reputation damaged, according to court filings. “Everything was smoke and mirrors,” Corey Stoughton, special counsel with the law firm Selendy Gay, told Radio IQ after the hearing in the Eastern District of Virginia's Richmond courthouse. According to the civil suit filed last year , former Prince William County election registrar Michele White was accused of felony election fraud after the Election Integrity Unit presented a Grand Jury with evidence of her tampering with votes. But days before the case was set to go to trial a key witness against White said what was presented wasn’t factually correct and White’s actions were in line with regular vote maintenance. The case was dropped, but White claimed the AG’s office violated her rights by creating a false narrative around 2020 election fraud to back up the bogus charge. At Tuesday’s hearing, attorney George Sibley, from the firm of Hunton Andrews Kurth, represented Miyares and the lawyers and investigators who handled the original case. Shibley argued any errors in the investigation should be given immunity. “A key witness changed their story,” he told U. S. District Judge Henry Hudson, and allegations of a conspiracy can’t get around protections usually afforded the state. Requests for comment sent to defense attorneys and Miyares’ office were not returned. Representatives from the AG’s office present at Tuesday’s hearing similarly did not respond to any questions. But Stoughton argued Miyares’ interest in election integrity set off a chain of events that sought to push the truth aside in the name of serving an election denying-electoral base. “This is a case in which there wasn’t a crime and there’s no justice to protect,” she said. “It was never about a real crime; it was always about politics.” The case is still in its early stages and Miyares had asked for dismissal on immunity grounds. But questions about what information was given to the Grand Jury were raised by Hudson himself, and it's something Stoughton hopes will keep the dispute alive. At the end of the hearing Hudson said from the bench he was leaning towards immunity before Tuesday's oral arguments, but he may have been swayed by Stoughton’s arguments. He said he’d rule as soon as he could. This report, provided by Virginia Public Radio , was made possible with support from the Virginia Education Association .
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