This is a RUSH transcript from "The O'Reilly Factor," May 9, 2012. This copy may not be in its final form and may be updated.
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O'REILLY: Continuing now with our lead story, still unresolved mob violence crime in Norfolk, Virginia.
Joining us now from Richmond, the Attorney General of the Commonwealth of Virginia, Ken Cuccinelli. Florida appointed a special investigator in the Trayvon Martin case because there were a lot of questions and a lot of things that weren't moving along very quickly. Could the Commonwealth do the same thing in this situation in Norfolk?
KEN CUCCINELLI (R), VIRGINIA ATTORNEY GENERAL: The law in Virginia leaves the responsibility for the investigation and the prosecution of this case with the local police and the local commonwealth attorney. We call the commonwealth attorney in Virginia. And most people call it district attorney. But that's a locally elected official.
I do not have, contrary to what you reported Monday, I do not have, as Attorney General of Virginia, any legal authority to step in and intervene in this case.
O'REILLY: Can you --
CUCCINELLI: That is my role -- my role is after a conviction is achieved I handle all of the appeals and try to hold on to that conviction.
O'REILLY: Ok I got that but you know it's disturbing if there is a police department in any state, not just Virginia, that's simply not investigating. Just simply doesn't want to investigate.
CUCCINELLI: And in fact Bill, Bill, there are two investigations going on right now.
O'REILLY: Ok, but according to the victims -- according to the victims themselves who filed a formal complaint against the Norfolk Police Department, they say, in the complaint, they didn't want to solve the crime. They weren't interested in finding who beat them up.
So to me -- and but let me get very, very precise here.
O'REILLY: So you're saying that you don't have the power to appoint a special state prosecutor or a state investigator go in and oversee this.
CUCCINELLI: That's right.
O'REILLY: Does the Governor have the power to do that?
O'REILLY: He doesn't?
CUCCINELLI: Not unless there is a -- not unless there's a conflict of interest for the prosecutor locally and there is no indication of any conflict of interest for that prosecutor.
O'REILLY: All right, so in theory -- wait, wait, wait. I got it?
CUCCINELLI: And only -- and even -- and even at that point, normally it would be a point that would appoint that special prosecutor.
O'REILLY: So in theory, in Roanoke or in Lynchburg, or Arlington, Virginia, or any of those counties, if a police department were corrupt and we're not alleging that --
O'REILLY: -- but if one were corrupt and they basically said you know what? I'm not going to enforce the law. You can't do anything about it.
CUCCINELLI: If -- if had you a police department in that circumstance, the state police have jurisdiction across the commonwealth, they don't work for the attorney general. They don't work for me.
O'REILLY: Well, who could mobilize the state police to go in and investigate this mob violence who could do that?
CUCCINELLI: If there was -- if an -- if the process was completed and note, there are two investigations going on right now. There are two of them, not just one, going on right now. If there was an indication that it was a cover up instead of an investigation, then the state police could conduct their own investigation. And they are providing some oversight right now.
O'REILLY: But isn't the indication already there? Isn't the indication already there?
CUCCINELLI: Not of a cover up, no, not of a cover up.
O'REILLY: Well, wait, wait, wait, wait. Let me challenge you on that Mr. Attorney General. You have the two victims who say --