In AG Beau Biden’s own words ...

Recently, I was looking at the online minutes from previous Family Law Commission meetings, when I came across this statement from a Family Law Commission member in regard to the Delaware Attorney General Office’s response to the concerns of the public regarding the very real problem of false allegations of domestic violence.

This particular FLC member, in a moment of clarity, issued what can best be described as a reality check for the rest of the Commission:

“I want to remind everyone that previously we had the Attorney General here to talk about False Allegations and he told us that essentially he would not pursue that because of various legal issues.”

This stance is even more alarming when you consider Family Court Judge William Walls’ counsel to the Commission regarding the recourse for prosecution of false allegations (May 14, 2009 FLC meeting):

Judge William Walls – “The actual enforcement or punishment would be in the Attorney General’s office.”

I researched, and found the particular meeting that the FLC member had referred to (Family Law Commission Meeting Minutes, April 17, 2008).

Attorney General Biden and one of his deputy attorneys general were the guest speakers at this meeting.

The (then) FLC Chairperson Senator Sorenson’s very first issue for Attorney General Biden was:

Senator Liane Sorenson – “The issue that keeps coming up at our Public Hearings once a year and also by members of the public is the issue of False Allegations. The public has asked why people get away with claiming abuse when it really didn’t happen.”

Several hundred professionally articulated words later, Mr. Biden skillfully evades Senator Sorenson’s question, and just as Mr. Biden prepares to pass the rhetoric-laden baton to his deputy attorney general, Senator Sorenson interrupts the segue and tenaciously reiterates:

Senator Liane Sorenson – “One of our problems that has come up repeatedly to the Commission from the public has been the filing of False Protection From Abuse orders.” In other words, you (Beau) didn’t answer my question; what is your office doing about it?

You see when you read Attorney General Biden's response:

Attorney General Biden – “False Protection From Abuse orders are not the issue ... The vast majority of them are sought in good faith and are granted accurately.”

(Read Beau’s response in its entirety, Family Law Commission Meeting Minutes – April 17, 2008, Pgs. 7-8.)

It becomes quite obvious, just as it did with the aforementioned FLC member, that his de facto policy in regard to false allegations, whether it be a Protection From Abuse Order or the actual filing of a false police report, is non-prosecutorial: he will not prosecute the perpetrator nor protect the innocent victim of the allegation. Oh, and the public outcry regarding false allegations that Senator Sorenson (in futility) spoke of – evidently, Attorney General Biden thinks it to be a collective figment of the imagination.

Gordon Smith 

November 29, 2010
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