Indictment Rejected For Rep. McKinney

McKinney's attorney, James W. Myart Jr., said the decision not to file charges vindicated McKinney's view that she had broken no laws. "All along, the position has been that she did not commit a crime," said Myart, a civil rights lawyer from San Antonio.

After her initial accusations that Capitol Police were to blame for the controversy, McKinney took a different tack. Eight days after the episode, she took to the House floor and apologized to her colleagues. Last month, she signed onto a resolution commending the Capitol Police force for its courage and professionalism. And this month, she was spotted schmoozing with officers outside the Cannon House Office Building.

Prosecutors declined to say whether they asked the grand jury to return an indictment, noting court rules that bar them from disclosing such matters.

Two former federal prosecutors said Wainstein's use of a grand jury gave him a good read on community sentiment.

Joseph E. diGenova, a former U.S. attorney for the District, said using a grand jury to investigate was smart in this case, where there is an incident that is "politically charged, with racial overtones, and involves a public official in an embarrassing and unfortunate set of circumstances."

Eric H. Holder Jr., another former U.S. attorney who later became deputy attorney general, recalled using a grand jury to investigate a 1996 incident in which a school principal shoved a newspaper reporter. In that case, a grand jury decided to return charges.

"When you present a case to a grand jury, you are essentially letting the community decide how it views the subject matter," Holder said.

Staff writer Martin Weil contributed to this report.