In what circumstances will the District Judge order that the Department of Justice failed to conduct a proper investigation into whether there were any criminal charges brought against the Attorney General for failing to make the necessary tests?

There is nothing in the record to indicate that the tests were not made. Moreover, assuming that there were no such tests, as seems probable, there is no evidence that the failure to act was caused by pressure or even urging from the prosecution. We agree with the District Judge that better investigation would have been helpful to the jury. But we also agree with him that the investigation was not so poor as to amount to a deprivation of due process, much less a suppression of evidence such as there was in Brady v. Maryland, 1963, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed. 2d 215.