“Stay in Your Lane”: Prosecutor Lashes Out After Being Removed from Case for Allegedly Misleading Court

There has been a backlash nationally over prosecutors who were recently elected in a push by far left groups with support from billionaire George Soros. One of those is Loudoun County Commonwealth’s Attorney Buta Biberaj, who is now in middle of a controversy over an alleged misrepresentation of the criminal record of a felon in order to secure a lower sentence in a plea deal. Loudoun County Circuit Court Judge James Plowman removed Biberaj and her office from the case. After Republican Attorney General Jason Miyares wrote the court offering to prosecute the case, Biberaj (who described herself as a “progressive prosecutor”) lashed out at Miyares and told him to “stay in your lane.”

At issue is the plea agreement given burglary suspect Kevin Enrique Valle, who was charged with three misdemeanors for destruction of property and false identification, and two felonies for burglary. Prosecutor Michele Burton offered a six-month plea deal that Plowman said downplayed his criminal record. The judge said that he was told that the crimes occurred within a matter of hours last year. Instead, the crimes were alleged to have occurred over “a possible 12 burglary crime spree spanning four counties over 10 days.”

Valle reportedly has more than 40 cases that have been brought against him in various counties throughout Virginia. However, it was the record in Loudoun that drew the ire of the court.

Judge Plowman accused Biberaj’s office of “deliberately misleading the Court and the public.” He, therefore, ordered “Biberaj and the Loudoun County Commonwealth’s Attorney’s Office is hereby REMOVED AND DISQUALIFIED from further prosecution as counsel of record in this matter.”

Biberaj held a press conference in response to the order and letter, declaring “This is a specific message to Attorney General Jason Miyares, ‘Stay in your lane’ Your lane is in Richmond. Your lane is being the attorney general of Virginia. You are not the elected council attorney and definitely nor for Loudoun County. Since his election, he’s been wanting to undermine the good work that we do as progressive prosecutors.” She further questioned Plowman’s authority to remove her office.

The court did not exactly view this as “good work.”  Judge Plowman removed himself from the case.

The omission in this case is deeply disturbing. This appears a habitual offender and the specifics on this criminal record is key to any court in deciding whether to approve a plea. This was a very generous plea for someone with such a long record, particularly for someone who is only 19 years old. That does not mean that a court could not consider his age in erring on the side of leniency. However, the court must be fully and accurately informed of the defendant’s prior criminal record.

There is a recall effort targeting Biberaj.

67 thoughts on ““Stay in Your Lane”: Prosecutor Lashes Out After Being Removed from Case for Allegedly Misleading Court”

  1. Not a matter of stay in your lane here. Biberaj is not plowing her row. Since it is not being plowed, someone needs to. Good for Miyares offering to take up the slack of this lowlife prosecutor who is indifferent to how many innocent people must die because of her refusal to do her job. Frankly, she should be sanctioned for attempting to deceive the court.

    1. State succession (preferred) or civil war are excellent tools to put this type of “fire” out.

  2. I think Prof. Turley misses the boat on this one. I believe there is a Constitutional controversy in Loudoun. I see the issue as being part of a Constitutional struggle between the Commonwealth Attorney and the judiciary. Under Virginia precedent, the Commonwealth Attorney has an unfettered right to negotiate and settled criminal charges in Loudoun County. There is no obligation to disclose anything to a Court other than the plea agreement.

    I can find no authority for a Circuit Court judge to declare he is in a position to “approve” of those plea contracts. The purpose of judicial review of a plea is not to ensure that a person is punished or convicted to the extent a judge wishes him to be; the purpose is to ensure that the defendant is providing a knowing, intelligent, and voluntary plea. Judicial review is not to review the terms of the settlement, but to ensure that the defendant’s due process rights are protected.

    If the Court believes the rights of the defendant are not protected, the Court can reject the plea, but then the judge has to recuse himself upon rejection of the plea. To the extent that the an individual attorney does not fully disclose required material, the Court may ask for it or sanction the attorney. However, I cannot find any constitutional or statutory authority for a Court to remove a Commonwealth Attorney’s office for not revealing all of their considerations when reaching a plea agreement.

    Although both sides may be well-intentioned, one does not solve one wrong by substituting a bigger one. Prosecutors do not serve at the pleasure of the judiciary. I think it wrong to create that appearance.

    I am not a fan of the unfettered prosecutorial function. I feel that it often can lead to people justifying their position by numbers of convictions. However, I have to accept and recognize the enfettered discretion of prosecutors to bring cases or not bring cases; and to resolve cases. If I don’t, the judiciary merely becomes a super prosecutor, instead of a neutral, detached decision-maker.

    One has to look at this with an eye to the future. I would not want judges refusing to enter valid plea agreements because they disagree with the outcome, especially since they are not privy to the facts of a case or the strength of the potential evidence. I do not want prosecutors not being truthful. But, I do not want prosecutors being held accountable for not revealing what do they do not have to. And I do not want judges acting as prosecutors.

    1. According to your “progressive” viewpoint only the accused has rights, the victims and community at large be damned. The judges point is the plea agreement was not invalid based on the lies, misinformation, and fraud committed by the Soros-funded Communist prosecuter.

    2. From Code Of Virginia Title 19.2 :

      § 19.2-254. Arraignment; pleas; when court may refuse to accept plea; rejection of plea agreement; recusal.

      Arraignment shall be conducted in open court. It shall consist of reading to the accused the charge on which he will be tried and calling on him to plead thereto. In a felony case, arraignment is not necessary when waived by the accused. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear.

      An accused may plead not guilty, guilty or nolo contendere. The court may refuse to accept a plea of guilty to any lesser offense included in the charge upon which the accused is arraigned; but, in misdemeanor and felony cases the court shall not refuse to accept a plea of nolo contendere.

      With the approval of the court and the consent of the Commonwealth, a defendant may enter a conditional plea of guilty in a misdemeanor or felony case in circuit court, reserving the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, he shall be allowed to withdraw his plea.

      Upon rejecting a plea agreement in any criminal matter, a judge shall immediately recuse himself from any further proceedings on the same matter unless the parties agree otherwise.

      Relevant passages –
      ‘With the APPROVAL OF THE COURT and the consent of the Commonwealth, a defendant may enter a conditional plea of guilty in a misdemeanor or felony case in circuit court…’
      ‘Upon REJECTING A PLEA AGREEMENT in any criminal matter, a judge shall immediately recuse himself from any further proceedings on the same matter unless the parties agree otherwise’

      The judge has followed Virginia Code as specified above.

    3. Thomas Plofchan:

      “Under Virginia precedent, the Commonwealth Attorney has an unfettered right to negotiate and settled criminal charges in Loudoun County. There is no obligation to disclose anything to a Court other than the plea agreement.

      I can find no authority for a Circuit Court judge to declare he is in a position to “approve” of those plea contracts.”
      *****************************

      Looks like your conclusion is about as good as your research:

      SCVR* 3A:8: (2) If a plea agreement has been reached by the parties, it must, in every felony case, be reduced to writing, signed by the attorney for the Commonwealth, the defendant, and, in every case, his attorney, if any, and presented to the court. The court must require the disclosure of the agreement in open court or, upon a showing of good cause, in camera, at the time the plea is offered. If the agreement is of the type specified in subdivision (c) (1) (A) or (C), the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider a presentence report. If the agreement is of the type specified in subdivision (c) (1) (B), the court must advise the defendant that, if the court does not accept the recommendation or request, the defendant nevertheless has no right to withdraw his plea, unless the Commonwealth fails to perform its part of the agreement. In that event, the defendant has the right to withdraw his plea.”

      * Supreme Court of Virginia Rule
      https://casetext.com/rule/virginia-court-rules/virginia-rules-of-supreme-court/part-three-a-criminal-practice-and-procedures/rule-3a8-pleas

      What’d ya spend like 30 seconds talking to the guy at the watercooler followed by an intensive review of the Richmond Times-Dispatch sports page?

    4. She LIED to the court! Did you even bother to read the article… or are you just a liberal?

      1. Leftists are the antithesis of “Liberals.” Calling themselves “Liberals,” and making it stick, were the result of a massive propaganda campaign around 1900. Their so-called “philosophy,” which they claim is a “branch of Liberalism,” is really a regurgitation of Marxism and literally a refutation of individualism. They called it “Social Liberalism” as a way of usurping the then-honorable label of “Liberal.”

        Their propaganda was so successful that actual Liberalism, the result of hundreds of years of contributions from the West’s greatest minds, is now referred to as “Classical Liberalism.”

    5. The rights you refer to do not extend to lying to the court. Turley is spot on, you are a bitter leftist.

    6. In my midwestern state and I believe in Federal Court, judges have the ultimate authority to accept or reject a plea agreement if not consistent with the statutory law. In this case, the judge did not approve of the plea because it relied on a misrepresentation to the court of the defendant’s criminal record.

    7. “I do not want prosecutors being held accountable for not revealing what they do not have to.” Really? So this explains the reasoning behind Kamala Harris, who, as a prosecutor, intentionally withheld DNA evidence that proved the innocence of a man, a Black man, who was sitting on death row. She cared more that he die, an innocent man, and keep her good record, than telling the truth. I believe if prosecutors aren’t telling the truth, and the whole truth, they most certainly shouldn’t be allowed to remain, because that willful public manipulation, which most certainly violates a persons ability to be judged fairly by a Jury.

  3. Instead of an artillery duel, would it be easier just to bomb the Russian artillery from the air?

  4. Is it just me or does it seems some people are very desperate to highjack/OT every single one of the professors topics to the Jan 6 committee?

    Definitely the smell of desperation in the air.

    1. Prof Turley & others are correct. The J6 Star Chamber has Ph’d things so bad they’ll be forced almost immediately to release all their Hostages from Dims/Rinos/Nazi Piglosi/McConnell/McCarthy DC Gulags after 16-17 months.

    2. As if they were paid, huh? yeah….agreed. Even prosti_utes attempt to sell their wares with some dignified perfume and spiffy outfit. Smh

  5. Just another diversionary tactic to deflect attention away from today’s REAL political news. Another box checked on Turley’s assignment list, which includes stirring the culture wars–those evil lefty prosecutors who coddle criminals. As a bonus, Turley got in licks at George Soros, another item on his list of assignments. This is a local Virginia issue, not a national one, but Fox has to keep the disciples riled up to deflect away from the devastating facts about their hero’s effort to subvert American government for the sake of his ego.

    1. Natacha, George Soros is effecting elections on a national bases rather than just a local bases. Checking the George Soros box on his effect on elections across the nation is required for us to know what his influence is. Let me remind you that it is not conservatives who are recalling the soft on crime prosecutors but it is liberals who are voting for their recalls. It has been discovered by liberals that the chickens are now coming home to roust in their backyards and they are finally understanding that they the liberals are now suffering the pain. Sorry Natacha, it is now the liberals who our stirring the culture war pot. Oh I know. You never thought of that because in your life it’s more important to get in your daily dose of Turley Derangement Syndrome rather than to think about the issue at hand at anything other than a surface level. Not very deep.

    2. George Soros is an admitted Nazi Collaborator , (CBS), hell bent on the destruction of America & all civilization.

      Anyone that supports him is an enemy of all humanity.

      *****

      I know you’ve seen this info before. What’s your major malfunction? Can’t let go that your & the Dim’s/Rino’s Totalitarian Fantasy has Collapsed?

      It’s bad when you people make Putin look great!

    3. As is clear from Mr. Turley’s opening sentence, this is a national issue because George Soros et al. are attempting to “buy” elections, you know, nationwide. There is also a recall effort targeting the Fairfax County Commonwealth’s Attorney, Steve Descano, for failing to enforce black-letter Virginia statutes – as is happening across the country. Perhaps Ms. Biberaj and Mr. Descano should considering honoring their oaths of office.

      1. “Perhaps Ms. Biberaj and Mr. Descano should considering honoring their oaths of office.” I think the point is that their oaths are to Soros, bought and paid for. Wanna bet they’re both DEMS? For DEMS, everything is for sale.

    4. Natacha, why don’t you care about the black people who are hurt by the criminals who receive a slap on the wrist by these easy on crime prosecutors? Why don’t you care about the 121 black people who were murdered in the month of May in Chicago. How many of these murders were committed by people with a criminal history? Why don’t you care?

  6. Please excuse me if I don’t shed a tear for the leftist who are now recalling these slap on the hand prosecutors. Open selling of drugs and theft has been happening in the black communities for years, (see “The Wire” on Amazon). But now that the open drug use and crime have reached the enclaves of the lefties like the Tenderloin district in San Francisco the lefties show their ire through the use of the recall. https://www.realclearinvestigations.com/articles/2022/06/16/the_criminal_order_beneath_the_chaos_of_san_franciscos_tenderloin_836918.html. They don’t give a damn about the rampant crime in the black neighborhoods of Baltimore, Detroit and Chicago but now that the crime has come to their neighborhood they are all in a tizzy. Once the dump is on their doorstep they call for an immediate change. They should remember that through their vote they helped the carrier of the dump to their threshold. At last the woke have become aware of a shuttering eye as they slowly awaken. Alas, it may be in their nature to return to their slumber. However, the lefties should refrain from showing us their bleeding hearts.

  7. Before anyone accuses me, please spare me the ” you are anti Semitic” diatribe. I am not. Soros is the Devil Incarnate.
    Soros Stooge Boudin is out. Gascon is next. Hopefully Foxx ( I live in a Chicago suburb) Krasner and Biberag are also on the way out. These ” Progressive” DA’s have negatively impacted the judicial systems that they preside over and destroyed law enforcement morale to the point where it will take a decade to refill the ranks.
    There are more Soros funded imbeciles, but these would be a nice start.

    1. “Before anyone accuses me, please spare me the ” you are anti Semitic” diatribe. I am not. Soros is the Devil Incarnate.”
      ****************************
      Anti-Semite? Nobody hates Jews more than Soros whose Daddy inventoried their belongings for the Nazis — with young Georgie’s help.

  8. Every trial lawyer, either prosecution or defense, knows that it is not a good idea to mislead the court. Somewhere along the line “progressive” prosecutors came up with the concept of pleading down cases were achieving social justice. We’ve all seen the results of this fundamentally wrong notion, increased crime ranging from “broken windows” to serious crimes.

    Police represent order, prosecutors represent law. They exist to protect society. Without law there is no protection and society will break down. You get what you pay for, or in these cases you get what you elect. Elections matter.

    1. williamdowney5
      Good observation.
      I think the Dems have truly bought into this progressive movement, not listening to their base.
      What do all people want?
      Safe communities for their children, and safe schools for their children.
      The defund the police movement lead to higher crime rates in those cities. Seattle, Portland, Baltimore, DC, NYC are still reeling from higher crime rates.
      Progressive prosecutors are getting recalled.
      School board members pushing progressiveness are getting recalled or voted off of the board.
      The state of Nevada is seeing a huge number of Dems either switching to GOP or Independent as they are rejecting the progressive movement.
      Texas Congressional District 34 in the Rio Grande Valley with a 84% Hispanic population, just flipped from Blue to Red.
      Why?
      Life long Dems look at what their party is embracing, progressiveness, and are saying they want no part it.
      Bill Maher was correct when he said, he did not leave the party, the party left him.

  9. Mr. Soros is a fine man, who is just using his position of influence to make a positive impact on American values.

    1. How much you wanna bet Dr. Fauxi never took these actual covid shots? He got saline if he took the shots at all. He knows exactly what’s in these death jabs.

      1. IIRC his getting the first vaccine shot in a televised event on stage with his coworkers. Drama. The above reports he had 2 + 2 shots. We all know he has been the poster boy for masks. And, he has disgraced himself by attacking President Trump regarding COVID dangers. IOW, this development is a prima facie case: Fauxi is a blowhard. He owes Americans and the true president, Donald Trump, an apology. He would do well to cart off the cadaver current occupant of the White House.

  10. Stay in your lane? What organizational chart does Biberaj believe her office resides in? Her brazen defiance of AG Miyares authority and her sworn duty as an officer of the court to not withhold evidence from the court should have her removed from office and disbarred. It would be poetic justice if ultimately she was left wonting for a plea bargain.

Leave a Reply