AG Creates 'Conflict Wall' Between Flint Water Investigation, Lawsuits

CNN/ Newswire | 1/25/2016, 10 a.m.
Michigan Attorney General Bill Schuette announced Monday he is appointing an ex-prosecutor and Detroit's former FBI chief to join the ...
Flint Michigan is combating lead corrosion in their water supply. Mayor Karen Weaver declared a state of emergency in Flint, hoping for federal aid to help deal with the infrastructure issue Flint is facing. In the meantime, Flint is taking steps to deal with corrosion.

By Eliott C. McLaughlin


(CNN) -- Michigan Attorney General Bill Schuette announced Monday he is appointing an ex-prosecutor and Detroit's former FBI chief to join the investigation into Flint's water crisis, creating a "conflict wall" between the state's probe and the lawsuits targeting the state.

The previously announced investigation will determine "whether any Michigan laws were violated in the process that created a major public health crisis for Flint residents."

Word this month that the attorney general would investigate what happened in Flint marks an about-face from Schuette's stance in December, when he said, according to CNN affiliate WEYI, that an investigation was unnecessary, "given the multiple reviews by federal and state agencies, and the pending and potential federal court actions."

Schuette on Monday addressed those who criticized him for initially declining to launch a probe, then criticized him again when he announced he would investigate the matter.

"Most reasoned people can see the hypocrisy of that," he said.

Other critics have wondered aloud if letting Schuette investigate Flint's water dilemma presents a fox-watching-the-henhouse scenario. Attorneys general represent the state and governor in lawsuits, of which there are at least four concerning Flint's water.

Schuette, however, said in a statement that in appointing ex-FBI chief Andrew Arena and naming former Wayne County assistant prosecutor Todd Flood as special counsel, he is creating "an ethics-based conflict wall between him and his investigation team, and the team defending the governor and state departments against Flint water-related law suits."

Chief Deputy Attorney General Carol Isaacs and chief legal counsel Matthew Schneider will supervise any lawsuits against the state and Gov. Rick Snyder, the statement said.

"I have every confidence in Todd Flood, Andrew Arena and our team to work with me on this independent investigation. This investigation is about beginning the road back, to rebuild, regain and restore trust in government," Schuette said in his statement.

Repeatedly asserting that Flint residents shouldn't have to pay for "bad water" that they can't drink or bathe a child in, the attorney general told reporters Monday it was "outrageous" that some of those involved would treat the water crisis as a chess board -- and the city's residents as pawns -- to gain political advantage.

Arena said he would enter the investigation "with no predispositions, no preoccupations," as the only details to which he was privy came from the media. Flood, who will spearhead the investigation, told reporters he was prepared for a thorough and lengthy investigation.

"We're going to get to the bottom of what happened in this situation. The people deserve that," Flood said. "There needs to be an answer where people can understand and hold accountable, if any, those who were at fault. ... It's not about time; it's about doing it right."

The switch to Flint River water

Schuette's move came after weeks of city and state officials trading barbs over who was ultimately culpable for the corrosive water that was pumped from the Flint River into the city's homes.