Attorney General Jason Miyares has released an investigative report that details a series of alleged misconduct and failures within the Fairfax County Commonwealth’s Attorney’s Office, led by Steve Descano. The report outlines issues such as violations of victims’ rights, constitutional breaches, and prosecutorial policies that are described as dangerous.
According to the findings, the office under Descano has been accused of repeated Brady and discovery violations, neglecting statutory and constitutional rights of victims, entering improper plea agreements, showing incompetence in prosecution, and enacting policies that allegedly undermine public safety.
“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—there have been multiple instances where judges rejected deals from Descano’s office for being too lenient toward violent offenders. In some cases judges published legal opinions explaining their decisions.
Prosecutors are constitutionally required to disclose “Brady” evidence under due process rules. The investigation alleges failures by Descano’s office in making necessary disclosures about evidence such as defendant statements or police reports.
The report also accuses Descano of failing to prosecute serious offenses effectively and describes this conduct as “weaponized incompetence.” It claims these actions have resulted in injustice for victims and eroded public trust.
Further allegations include ongoing violations of crime victims’ rights guaranteed by both state constitution provisions (Article I Section 8-A) and Virginia Code § 19.2-11.01 et seq., particularly regarding fair treatment by court officers.
Additionally, Miyares asserts that policies implemented by Descano violate Article I Section 7 (the Suspension Clause) of the Virginia Constitution by prohibiting enforcement of certain criminal laws passed by lawmakers.
The attorney general emphasized that prosecutors do not have discretion to ignore statutes they disagree with: Fairfax County residents should expect their prosecutor to enforce all laws fairly.
Miyares stated that selective disregard for statutory obligations can deny justice for individual victims while undermining confidence in legal institutions.
As a result of these findings, Miyares is referring the matter to the U.S. Department of Justice for further investigation into whether there has been a pattern or practice involving denial of citizens’ rights or illegal shielding activities under federal law (8 U.S.C. § 1324(a)(1)(A)(iii)).
He also made recommendations for legislative action by the Virginia General Assembly.
