When the office of Eastern Michigan U.S. Attorney Barbara McQuade announced last month that it was assisting an Environmental Protection Agency investigation of the lead crisis in Flint, it was unclear whether that investigation would have a criminal or civil focus. However, a new statement from the office reveals that the FBI and the EPA’s criminal investigation division are both involved in the effort. According to the Detroit Free Press:
The EPA's Criminal Investigation Division investigates potential criminal violations of federal environmental law.
The disclosure of the FBI's involvement in the investigation comes as the U.S. House Oversight Committee prepares to hold its first hearing on the issue Wednesday, amid reports that former Flint emergency manager Darnell Earley will decline to testify.
The existence of criminal investigations raises the possibility that some witnesses could exercise their Fifth Amendment rights against self-incrimination and decline to testify before legislative hearings.
The involvement of the FBI and the criminal investigation division suggest an effort to explore possible criminal wrongdoing. The revelation of federal criminal investigations in Flint definitely changes the calculus of both the House hearing and the state and local responses to the crisis. Michigan Gov. Snyder is already beleaguered by a wave of lawsuits regarding the matter, and to complicate issues the office of Michigan Attorney General Bill Schuette is defending Snyder and the state against these lawsuits while also coordinating and commissioning an ostensibly independent state investigation. The involvement of the EPA’s inspector general indicates that some level of the investigation will delve into the activities of regional EPA offices, as well.