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AG Nessel Releases Flint Water Crisis Report

LANSING – Today, Michigan Attorney General Dana Nessel announced the release of a report detailing the Department of Attorney General’s yearslong criminal investigation into the Flint Water Crisis (PDF). The report offers an account of the decisions, evidence, and prosecutorial strategies surrounding the investigation.

The report was released to the public today in an effort to ensure Flint residents and people across Michigan have the most detailed documentation available of the Department of Attorney General’s investigation into the crisis. It outlines the factual basis for charges brought, the legal framework that shaped the prosecutions, and the impact of subsequent court rulings that ultimately halted those prosecutions.

“This report is meant to be as thorough and complete an accounting as is possible and legally allowed, and to offer the truth of the events and decisions made by government officials as uncovered by our investigation,” said Attorney General Nessel. “I hope this offering, revealing the inner workings of our dedicated investigators and prosecutors who helmed this yearslong effort, and the facts and evidence which guided them, may tell one part of the story of the Flint Water Crisis, and put the truth in the hands of those who deserve it the most—the people of Flint. I hope readers in Flint may come to better understand the decisions made by their government representatives, as well, that led to such devastation upon their community and families, and that still looms so large in homes across the city.”

The Flint Water Prosecution Team conducted a thorough investigation leading to the authorization of the one-person grand jury. The one-person grand jury determined that probable cause was demonstrated that crimes were committed by government officials and issued indictments against nine defendants, alleging 42 criminal charges. The report includes the information on the indictments of those nine government officials. Each of those criminal cases was later dismissed following the Michigan Supreme Court ruling in People v. Peeler, which invalidated the use of the one-person grand jury process used in these indictments, reversing nearly a century of legal precedent.

While the report contains extensive documentation of the investigative process, it also includes numerous redactions. These were made in compliance with Michigan law, which prohibits the release of information exclusively presented before the one-person grand jury. Testimony presented to the one-person grand jury and documents obtained as a result of one-person grand jury subpoenas are prohibited from being released. Only an act by the Legislature can alter these statutory constraints.

While the report outlines facts supporting a good-faith basis for prosecution, all allegations remain allegations. None of the individuals named in the report were convicted, and each are presumed innocent.

In 2019, upon taking office, Attorney General Nessel implemented a conflict wall to ensure the criminal investigation and civil litigation following the Flint Water Crisis were conducted by completely separate teams. The Department of Attorney General was bound to represent the State in defense of the civil litigation, and Attorney General Nessel led the civil litigation team. Wayne County Prosecutor Kym Worthy, then-Solicitor General Fadwa Hammoud, and a team of experienced prosecutors and investigators led the criminal prosecutions stemming from the Flint Water Crisis. Attorney General Nessel had no operational involvement with the criminal prosecutions and focused her efforts on the civil litigation, which resulted in the affected people of Flint receiving judgement for the largest civil settlement in the history of the state.

Attorney General Nessel will host a press conference at 12:30 p.m. today to discuss the report. Credentialed members of the media can RSVP to AGPress@mi.gov.

The full report can be viewed on the Department of Attorney General’s website. The appendices to the report are available upon request. General public requests for the appendices can be made to miag@mi.gov. Credentialed media should make their requests to AGPress@mi.gov.

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Please note: For all criminal proceedings, a criminal charge is merely an allegation. The defendant is presumed innocent unless and until proven guilty. The Department does not provide booking photos.

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