Opinion
Civil Action No. 01-962
March 27, 2002
ORDER-MEMORANDUM
AND NOW, this 27th day of March, 2002, plaintiff Bruce A. Quarles's "Motion Asking Court to Consider Requesting U.S. Attorney Bring Charges of Obstruction of Justice Against Non-Parties" is denied.
A violation of the statutes identified by plaintiff is not supported by probable cause or substantial evidence. Moreover, it is not clear that a court should involve itself in a request to initiate a prosecution. See United States v. Armstrong, 517 U.S. 456, 464, 116 S.Ct. 1480, 1486, 134 L.Ed.2d 687 (1996) (decisions whether to prosecute are "a `special province' of the Executive . . . . and United States Attorneys retain `broad discretion' to enforce the Nation's criminal laws.") (citations omitted); Morrison v. Olson, 487 U.S. 654, 680-82, 108 S.Ct. 2597, 2613-14, 101 L.Ed.2d 569 (1988) (given the broad prohibition upon the courts' exercise of "executive or administrative duties of a nonjudicial nature" courts can perform certain "passive" or "ministerial" functions, but power to perform "administrative" functions is "more doubtful") (quoting Buckley v. Valeo, 424 U.S. 1, 123, 96 S.Ct. 612, 684, 46 L.Ed.2d 659 (1976)).
Plaintiff cites 18 U.S.C. § 371, 1501, 1505, 1509.