DC is a weird legal place, because it is technically a federal district that is governed by congress. So, the US Attorney for DC is dual-purpose there and also acts as the local district attorney. He is responsible for determining who gets prosecuted.
As with all legal cases, you have to be able to prove your case to a jury. So, if the US Attorney doesn’t feel like they have enough evidence to win the case, they would likely decide not to bother charging the person as it would be a waste of resources to take the case to court.
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