"I knew, from the moment I got that call, that the industry would not be happy about that choice," Miller added. "But if [the working group] was serious about criminal prosecutions or even civil enforcements—not many people in society get to pick the prosecutor if they are potential defendants."

Miller also said he was told the working group wanted an executive director with prosecutorial experience, which Miller does not have. But he found this justification confusing for several reasons. The first is that he said he was told early on that the executive director would have two deputies, one for civil litigation and one for criminal litigation, to "fill in the gaps of legal experience."


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