Attorney General Jason Miyares has released an investigative report detailing what he describes as ongoing misconduct and failures within the Fairfax County Commonwealth’s Attorney’s Office, led by Steve Descano. The report alleges a pattern of neglecting victims’ rights, violating constitutional requirements, and adopting prosecutorial policies that undermine public safety.
According to the findings, the office under Steve Descano is accused of repeated violations of Brady disclosure obligations and discovery rules, entering into improper plea agreements, and demonstrating incompetence in prosecution. The report also claims that some office policies are unlawful or unconstitutional.
“Justice isn’t optional, and our laws are not suggestions. Fairfax Commonwealth’s Attorney Steve Descano has betrayed the rule of law and the very people he swore to protect, turning prosecutorial discretion into deliberate, weaponized incompetence,” said Attorney General Jason Miyares. “The oath prosecutors take to uphold the law and protect victims is sacred. It demands courage, integrity, and perseverance in the pursuit of justice. That means treating victims with fairness, dignity, and respect, and enforcing the laws passed by the people’s elected representatives. When a prosecutor refuses to do that, victims are denied justice and the public loses faith in the very system meant to protect them. This is dangerous, this is wrong, and it cannot continue.”
The report notes that while Virginia Circuit Court judges have authority to reject plea agreements—an action they rarely take—Fairfax Circuit Court judges have on multiple occasions rejected deals from Descano’s office for being too lenient toward serious offenders.
Prosecutors are constitutionally required to provide defendants with exculpatory evidence (Brady material) as well as other discovery materials such as police reports and witness lists. The investigation alleges these duties were not consistently met by Descano’s office.
Miyares asserts that through repeated failures to prosecute serious offenses appropriately, Steve Descano has neglected his statutory responsibilities as Commonwealth’s Attorney. The conduct described is characterized as “weaponized incompetence,” resulting in injustice for victims and a breach of public trust.
The report further accuses Descano of violating crime victims’ rights under Article I, Section 8-A of the Virginia Constitution by denying them fairness and respect in court proceedings. Additionally, it claims that certain policies implemented by his office violate Article I, Section 7—the Suspension Clause—by refusing enforcement of specific state criminal laws enacted by lawmakers.
Miyares contends that prosecutors must enforce all provisions of criminal law fairly rather than selectively disregarding statutes based on personal or political preferences.
He concludes: “Justice, properly understood, requires both the recognition of the inherent rights of victims to be treated with fairness, dignity, and respect… When prosecutorial discretion is exercised in a manner that selectively disregards statutory obligations for political purposes… [there follows] denial of justice to individual victims [and] erosion of public confidence in the rule of law.”
Attorney General Miyares has referred these findings to the U.S. Department of Justice for possible civil or criminal investigation regarding whether there has been a pattern or practice involving unequal treatment based on citizenship status during charging decisions or attempts at concealing illegal aliens in violation of federal law (8 U.S.C § 1324(a)(1)(A)(iii)).
He also issued recommendations for legislative action by Virginia’s General Assembly alongside publication of this report.
