Quick Links, Including Letten Lawyers and DoJ Misleading a Court
Judge overturns guilty verdicts based on sock-puppet antics of Jim Letten’s lawyers. The judge issues a blistering ruling (.pdf) including significant criticism of DoJ in Washington. This blog has covered this issue before and the ruling will merit more time and attention when I am less slammed at work. (Now you know why the blogging pace has been slower in recent days.)
Lee Stranahan: Duping The Idiots: The Left’s Frankfurt School Denialism.
Robert Stacy McCain: “Perhaps you should ask Patterico what manner of mischief Neal Rauhauser has perpetrated over the years . . .” from Mopery with Intent to Lurk.
Ding!
509th Bob (dd1bdb) — 9/19/2013 @ 7:39 amEternal thanks for posting Judge Danziger’s order. It is fascinating reading and leads me to believe there may be hope for our justice system after all.
creeper (62fbdc) — 9/19/2013 @ 8:10 amSpeaking of the
MD in Philly (f9371b) — 9/19/2013 @ 8:35 amjusticelegal system; it is reported that Tom Delay has been exonerated:http://www.kvue.com/news/state/224406971.html
I only fault the federal prosecutors for being clumsy about it and getting caught. The NOLA cops — no, all NOLA law enforcement — are an unbelievably putrid cesspool of corruption. Cops were looting stores and not caring that they were being videoed doing it, among other things, knowing that their fellow cops, bosses, and local pols would cover for them because they are just as dirty. The local law enforcement that federal prosecutors, in a civilized jusrisdiction, rely on for help, in NOLA it only obstructed. I give no kudos to Engelhardt, I lump him in with the scum at least as an enabler.
nk (875f57) — 9/19/2013 @ 8:36 amI don’t know much about it all, nk, but it seems to me if the prosecutors are doing an anonymous PR campaign to help their cause it is a problem.
Loss of public virtue is the problem, from top on down, from bottom on up.
MD in Philly (f9371b) — 9/19/2013 @ 8:50 amTravis County is another good example of broken law enforcement, MD. Texas should roll it up and ship it back to New York.
nk (875f57) — 9/19/2013 @ 8:54 amNK–you can’t seriously approve of prosecutorial misconduct of this level. If we can’t rely on prosecutors to do the right thing, then our system of justice means nothing. The police officers may be guilty, but they are entitled to due process as any other citizen.
I for one am comforted by the fact that the judge saw through this appalling lack of judgment, misconduct and cover up by the DOJ.
rochf (f3fbb0) — 9/19/2013 @ 9:55 amComment by rochf (f3fbb0)
I guess if it was felt the convictions were warranted and the prosecutors were bad as well, can you throw the prosecutors in jail and maintain the sentence? Unlikely, as since the issue already is one of trust of the judicial system, hard to justify trusting it in part,
MD in Philly (f9371b) — 9/19/2013 @ 9:59 ameven though we have to make decisions like that everyday.
What I find infuriating is that the evidence against these New Orleans cops was more than sufficient to convict them of these murders without the US Attorney’s office’s incompetent and petty spamming.
SPQR (768505) — 9/19/2013 @ 10:03 amO/T Who couldn’t have seen this coming?
Oh yeah:
Amalgamated Cliff Divers, Local 157 (794c75) — 9/19/2013 @ 10:04 amI’m not sure it’s over just yet, rochf. Can the government appeal? They shouldn’t be able to from a verdict NOV but a retrial? Hmm. If it can, the Fifth Circuit might not be as easy to fool — they’re a pretty law and order bunch.
And I’m not sure the judge applied the correct standard. Prosecutorial misconduct is not per se grounds for a new trial. It must be shown to have affected the verdict viewed against all the evidence.
nk (875f57) — 9/19/2013 @ 10:05 amThe misconduct by the prosecutors occurred. It is the judge’s position that it could well have had an influence on the outcome of the trial. There is no way he could allow the verdict to stand when there was apparently ample evidence that it was arrived at through improper means. A new trial, done properly by properly behaving prosecutors, will settle the issue of the verdict, one way or the other.
These prosecutors will never see the business end of a jail. Look for them to show up in some other government entity once the dust settles and this is forgotten; but don’t look for that appearance to be at the Employment Development office checking in to keep their unemployment benefits flowing. Bureaucrats take care of their own.
gramps (6de5db) — 9/19/2013 @ 10:11 amAmalgamated Cliff Divers, Local 157 @9, I was linking to that on the “From the “You Can’t Make This @&*€@ Up Files” at the same time you were.
To cut to the chase, the State Dept. is now insisting that this weekend was never, ever a hard and fast deadline for Assad to turn over a complete accounting of his chemical weapons stockpile.
Steve57 (6f26ff) — 9/19/2013 @ 10:12 amSteve57, this is going to be a replay of Saddam’s cat-and-mouse game with the IAEA inspectors via UN resolution(s). Duh Finknado should be by to comment bomb this thread with detail (mis)information with NYT linked articles.
While amusing, the Finkmeister is getting quite tiresome. Has he been right about ANYTHING? Of course, his usage of the NYT is an impediment to being correct, unless his objective is factlessness.
Amalgamated Cliff Divers, Local 157 (794c75) — 9/19/2013 @ 10:22 amIf the DOJ is that political, what do we make of the lack of progress on investigating crimes from the likes of political fixers like Neal? Neal who was involved with Richard Head in the persecution of O’Keefe.
I used to be so naive that I laughed off the possibility that the lack of progress was political. After the IRS scandal I shut up. We are already past the point where the nation changes into something that is fundamentally wrong, and it’s just a matter of realization.
Dustin (303dca) — 9/19/2013 @ 10:23 amRe the Frankfurt School.
Several liberals have expressed dismay at the destruction of traditional culture going on in the movies, books, etc. Rather than saying “Liberalism!” just refer them to the Frankfurt School. They will eventually come to their own conclusions, as I did.
Strangely enough, getting a master’s in critical theory led me to question liberal hegemony. After all, the left has completely dominated popular culture for years.
Patricia (be0117) — 9/19/2013 @ 10:24 amProsecutorial Misconduct….
Will the Judge file for sanctions against these lawyers, or will he just let it slide and let them be promoted – which is the usual result in DC when you commit a major FU?
askeptic (b8ab92) — 9/19/2013 @ 10:37 amComment by Dustin (303dca) — 9/19/2013 @ 10:23 am
When you used to find a nest of rattlers, the ultimate solution was a liberal application of lamp-oil and a torch.
askeptic (b8ab92) — 9/19/2013 @ 10:40 amThe DoJ seems to need the same type of treatment in the Civil-Rights, and OPR, wings.
J. Christian Adams weighs in…..
askeptic (b8ab92) — 9/19/2013 @ 10:45 amGet lost, Perry.
Everybody else, tell me that you don’t think these mother****ers shot an unarmed man in the back and tried to frame his brother who was with him at the time for attempted murder of police officers and I will back off.
Otherwise, so what if the hangman does not use a new rope?
nk (875f57) — 9/19/2013 @ 10:49 amYou can add Ronnie Earle’s witchhunt of Delay, the whole passel of prosecutors who conjured up an indictment of Stevens,
narciso (3fec35) — 9/19/2013 @ 10:53 am“And I’m not sure the judge applied the correct standard. Prosecutorial misconduct is not per se grounds for a new trial. It must be shown to have affected the verdict viewed against all the evidence.”
nk – Read the judge’s order. First time I have seen the word “fetor” in print. The cover up of the DOJ misconduct extended to Washington – much like we have seen in Fast and Furious, New Black Panther Party, Benghazi and IRS targeting investigation stonewalling. Judge believes defendants deserve the benefit of a new trial given the multitude of conflicted government parties involved in shaping opinions before and during trial.
I don’t believe shoplifting was one of the charged offenses.
daleyrocks (bf33e9) — 9/19/2013 @ 10:53 amnk – What are the remedies when the prosecutors violate the due process of the defendants, which was clearly proven in this case?
daleyrocks (bf33e9) — 9/19/2013 @ 10:57 amI don’t believe shoplifting was one of the charged offenses.
I don’t believe the words you use mean what you think they mean. Looting during a hurricane is not shoplifting. http://www.youtube.com/watch?v=m_mDTLphIVY
But nice tangent (not), seizing on an example of corruption to make it the equivalent of murder.
nk (875f57) — 9/19/2013 @ 11:00 amnk – What are the remedies when the prosecutors violate the due process of the defendants, which was clearly proven in this case?
If it affected the verdict to the extent that guilt beyond a reasonable doubt cannot be said to have been proven, new trial or even outright dismissal. If not, whatever discipline prosecutors and lawyers generally are subject to.
nk (875f57) — 9/19/2013 @ 11:04 am“But nice tangent (not), seizing on an example of corruption to make it the equivalent of murder.”
nk – I feel the burn of not using the right word – looting. Thanks for the correction. It was your tangent, however, from comment #4, so own it.
daleyrocks (bf33e9) — 9/19/2013 @ 11:09 am“If it affected the verdict to the extent that guilt beyond a reasonable doubt cannot be said to have been proven, new trial or even outright dismissal. If not, whatever discipline prosecutors and lawyers generally are subject to.”
nk – Wait, now you’re saying the judge did not apply the wrong standard?
daleyrocks (bf33e9) — 9/19/2013 @ 11:12 amI do not say anything you say. Read what I wrote, use a dictionary if you’d like, derive your own meaning, but keep it your own and don’t say it’s mine. ‘Kay?
nk (875f57) — 9/19/2013 @ 11:18 amIf President Saul Alinsky had an Attorney General, it would look like Eric Holder.
Elephant Stone (6a6f37) — 9/19/2013 @ 11:25 am“I do not say anything you say.”
nk – What say you? The request for a new trial is based on a combination of newly discovered evidence and prosecutorial misconduct. You would know these things if you were not just Finkelmaning comments.
daleyrocks (bf33e9) — 9/19/2013 @ 11:36 amMy.Comments.Are.In.Writing.Read.Them.Until.You.Retain.Them.Or.Not.
I.Am.Not.Going.To.Play.Your.Paraphrase.Game.Waste.Of.Bandwidth.
nk (875f57) — 9/19/2013 @ 11:41 amComment by daleyrocks (bf33e9) — 9/19/2013 @ 11:09 am
It wasn’t looting, they were just “requisitioning” supplies.
askeptic (b8ab92) — 9/19/2013 @ 11:46 amAnd Nagin gets to dip his beak. http://abcnews.go.com/US/wireStory/orleans-mayor-nagin-seeks-trial-delay-20309018
nk (875f57) — 9/19/2013 @ 12:16 pmMore good news concerning what once was a system of justice:
Steve57 (6f26ff) — 9/19/2013 @ 12:43 pmY’all come on downtah NewAhlins an’ we’ll cook ya up a mess a corruption…
Colonel Haiku (a8bbc8) — 9/19/2013 @ 12:43 pm34- That’s what you call Fast Food, in The Big Easy!
askeptic (b8ab92) — 9/19/2013 @ 1:22 pmComment by Steve57 (6f26ff) — 9/19/2013 @ 12:43 pm
Be still my heart.
askeptic (b8ab92) — 9/19/2013 @ 1:23 pmI know, right. I wish I had run into her twenty years ago when I was knocking around Orlando. She has poor girl’s teeth. No silver spoon for her.
nk (875f57) — 9/19/2013 @ 1:56 pmSteve57- That is heartening news.
SarahW (b0e533) — 9/19/2013 @ 2:32 pmProsecutors who pull this crap deny the people justice, not only the accused.
SarahW (b0e533) — 9/19/2013 @ 2:33 pmO/T, but Mike Mullen did not have a good day trying to defend that whitewash he tried to do for Hillary! over at state.
http://nicedeb.wordpress.com/2013/09/19/video-rep-gowdy-slams-adm-mullen-for-not-questioning-hillary-clinton-or-barack-obama-for-arb-report/
http://nicedeb.wordpress.com/2013/09/19/rep-jim-jordan-eviscerates-admiral-mike-mullen-in-benghazi-hearing-for-giving-state-dept-official-heads-up-about-problematic-testimony/
It couldn’t happen to a nicer guy.
Steve57 (a256f0) — 9/19/2013 @ 2:40 pmI hope the judge didn’t use the word fetor because he has personal experience within his family with the condition.
steveg (794291) — 9/19/2013 @ 2:42 pmBut so he held his nose and told the idiots to go back and do it all over.
The evidence against the other idiots (cops) seems pretty tight.
Can the now ex-cops offer to plead guilty in exchange for time served and go home?
Rep. Gowdy didn’t get a chance to ask Mullen about Hicks’ sworn testimony before Congress.
Mullen comes across as the sleazy, Obama team player he is when he tries to defend the farcical notion the ARB was independent, but that pales when he makes the pathetic claim that they didn’t interview Hillary! because they didn’t find any evidence she was involved in the decision making concerning Benghazi.
Really? Because I did. Greg Hicks testified that one of the main reasons Amb. Stevens was in Benghazi on 9/11/2012 was because it was Hillary!’s ambition to turn the temporary Benghazi facility into a permanent office of some kind. And it was urgent he go on some fact finding mission for hear at that time, of all times to be in Benghazi, so she could have his report before the end of the fiscal year.
Whoops! It looks like Mullen did uncover evidence that shows Hillary! was intimately involved in decision making concerning Benghazi.
I would have loved to see Gowdy go in for the kill; “‘splain that, you crapweasel.”
Unfortunately the Congressman was out of time.
Steve57 (a256f0) — 9/19/2013 @ 2:58 pmUnfortunately the Congressman was out of time.
and that is the basic “process” problem of the average Congressional oversight hearing.
This is why we need a Select Cmte, from both houses of Congress, with a Chief Counsel to do the questioning in the manner of a Grand Jury.
askeptic (b8ab92) — 9/19/2013 @ 3:12 pmIf they can’t do that, they should just petition the DC Circuit (whomever) for a Special Prosecutor.
I somehow doubt that the Congresscritters are going to let the issue Hillary!’s obvious personal involvement in the Benghazi debacle go unnoticed.
Hicks was very focused on making the point that one of the main drivers behind Stevens’ presence in Benghazi on 9/11 was Clinton. The committee was just as precise in establishing that point.
I don’t know if Gowdy would have raised this with Mullen if had the time been available. Maybe he didn’t want to tip his hand as I think Gowdy would much rather ask Hillary! directly.
But I would loved to have seen Mullen squirm.
Hijack off.
Steve57 (a256f0) — 9/19/2013 @ 4:03 pmI hope you’re feeling better and that you were able to get the Edge back on the road, Sarah.
Dustin (87de11) — 9/19/2013 @ 4:14 pmSpecial Prosecutor – license to perpetrate any myth they wish.
mg (31009b) — 9/19/2013 @ 4:47 pmThe New Awlins families are being specially prosecuted, again.
mg (31009b) — 9/19/2013 @ 4:55 pmToo bad something can’t be done about Ronnie Earle’s serious prosecutorial abuse and misconduct in the DeLay case… if not criminally then civilly, through a multi-million dollar lawsuit.
Colonel Haiku (97bf0f) — 9/19/2013 @ 5:03 pmGet a whip, hangin’s too good for him!
askeptic (2bb434) — 9/19/2013 @ 5:36 pmThank you Dustin.
I must correct for flexy’s vanity. (A champeenship photo of a cousin http://www.seriouswheels.com/2009/def/2009-Ford-Flex-Limited-Side-Speed-1920×1440.htm) She still has some issues which are likely trashed bushings but she’s going to get a good going over at a different dealership.
I’m kind on down for the count, really. Doc told me today my hemoglobin has crashed to 6.9 which must be my excuse for posting the above. (And my excuse in general.)
SarahW (b0e533) — 9/19/2013 @ 6:20 pmI’m sorry to hear that. Take care of yourself.
Dustin (87de11) — 9/19/2013 @ 6:31 pmoh, it’s a flex, not an edge. Oops. Big difference. The flex is a more interesting car. I can see why you would be so partial to it.
Dustin (87de11) — 9/19/2013 @ 6:32 pmRonnie Earle is a scumbag.
Elephant Stone (6a6f37) — 9/19/2013 @ 6:37 pmcol
Ronnie held fundraisers, using delays trial as a carrot.
He had to empanel 4 grand juries until he got an indictment
EPWJ (6140f6) — 9/19/2013 @ 7:30 pmthe case should never have brought, much less proceeded to conviction.
narciso (3fec35) — 9/19/2013 @ 7:35 pmSarahW- sorry to see that. I don’t know what the issue is, but I hope you get better.
OT, but it does have to do with the federal govt, hearings of fact, and disgusting behavior:
http://www.powerlineblog.com/archives/2013/09/democrats-walk-out-on-benghazi-victims.php
I guess a Committee Chairman doesn’t have the authority to tell the Sergeant at Arms to haul their disgraceful buttockses back into the room and nail them down to their seats
MD in Philly (f9371b) — 9/19/2013 @ 8:03 pmLet’s see Hillary run for President…they’re ready for it.
As pointed out elsewhere, the Repubs made a rule saying anyone in leadership who got indicted needed to resign.
So to win the Dems didn’t even need to have a winning case.
That would be a good plan in honorable company
but they’re not.
Delay was in the midst of developing a small residential community of older foster children and support families to give kids an opportunity to have a place to launch into adulthood from, with the goal of long term relationships over the years.
MD in Philly (f9371b) — 9/19/2013 @ 8:07 pmYou know what happened to that.
Meanwhile Charlie Rangel is not prosecuted for omitting 1.25 million from his tax forms,
narciso (3fec35) — 9/19/2013 @ 8:11 pmPainted Jaguar (cross look on face, rolling tap of claws of R fore-paw):
Did I hear someone say something about someone saying something when they didn’t say something but it is claimed that they did or did not say something else?
Is that what was said?
That’s my job.
Painted Jaguar (a sockpuppet) (f9371b) — 9/19/2013 @ 8:11 pmShould we all dress up with pitch forks and torches on Halloween and Visit the good Judge Earle.
MD in Philly (f9371b) — 9/19/2013 @ 8:14 pmI mean it would be on Halloween, there wouldn’t be any real harm,
I mean nothing like hanging Palin in effigy or making movies about assassinating Bush.
Comment by MD in Philly (f9371b) — 9/19/2013 @ 8:
Are they even conscious how disgraceful their action was? I wonder.
SarahW (b0e533) — 9/19/2013 @ 8:28 pmNo clue, Sarah, no clue.
MD in Philly (f9371b) — 9/19/2013 @ 8:35 pmOf course, their definition of disgraceful might be different than ours,
like, “anything for the one or the cause, or better yet, both, can’t be disgraceful!
I think it started with Clinton.
Ronnie earl convicted an 11 year old for killing a 2 year old even though the pathology report had a different day of death, and the girl who confessed after being interrogated all day without an attorney or family member present.
So he forgot that the people remembered this when he ran for the nomination for Lt Gov
outspent her, lost badly
thus ended the strangest Texas lawyer – and he never prosecuted himself…
EPWJ (1cedce) — 9/19/2013 @ 11:37 pmI think the prosecutors here forgot that their duty is to do the right thing, not win at all costs. Now they’ll have to go back and retry the case, and I can’t imagine what everyone’s family is going through. I’ve never seen a federal order like this before, so I don’t think the government will appeal–surely they don’t want an appellate court scrutinizing this behavior.
rochf (f3fbb0) — 9/20/2013 @ 6:32 amI would. Englehardt left out 99% of the relevant material — the evidence the jury heard. Further, the “new evidence” is the sockpuppeting, it is not evidence which would make any element of the offenses charged more or less true, so there is a timeliness and jurisdictional question under Rule 33. Maybe somebody who knows more about direct federal criminal appeals can help out?
nk (875f57) — 9/20/2013 @ 6:47 amAnd “new evidence” should not be confused with “collateral evidence” which did not make it into the record and thus cannot be reviewed on direct appeal.
nk (875f57) — 9/20/2013 @ 6:49 amEarle belongs on Death Row down there in Texas – where they get ‘er done – for murdering the truth and justice.
Colonel Haiku (eacb1f) — 9/20/2013 @ 7:21 amNote to self: “Danziger” is a bridge. “Engelhardt” is a judge.
Nothing like getting in the first comment with a whopping error. Apologies.
creeper (62fbdc) — 9/20/2013 @ 8:30 am“Further, the “new evidence” is the sockpuppeting, it is not evidence which would make any element of the offenses charged more or less true, so there is a timeliness and jurisdictional question under Rule 33.”
nk – Not surprisingly, Englehardt spends a considerable amount of time on Rule 33 issues in his order and determines the issues raised by the defendants timely. What he does not do is arrive at any conclusion about whether the verdicts reached would have been different because he is not required to in order to mandate a new trial.
Thought experiment – If seven out of the 12 jurors selected admitted visiting the Nola.com website where the prosecution was anonymously posting inflammatory comments before the trial, if lawyers knew about the sockpuppeting do you think the jury selection process might have asked any questions about that website?
daleyrocks (bf33e9) — 9/20/2013 @ 9:43 amI’m pretty conflicted by this outcome.
The conduct of the DOJ attorneys is clearly outrageous.
But it seems a “bridge too far” to me for the judge to come to the conclusion that the comments section of the newspaper is a forum which can so badly taint a jury pool as to deprive the defendant’s of their right to a fair trial.
The judge’s rationale sounds more like “righteous indignation” rather than a careful analysis of the impact of anonymous commenting on the actual trial.
I have a feeling that the 5th Circuit might not be inclined to let this stand.
shipwreckedcrew (5de044) — 9/20/2013 @ 1:29 pmTHe Frankfurt School.
What denialism? They’re standard? Use google!
“For a decade, the Southern Poverty Law Center and others on the left have been trying to hide and distract from one of the main origins of both radical academia and media hostility towards capitalism: the ideology of cultural Marxism and Critical Theory that arose from the Frankfurt School.”
Who hides that? They’re famous!
Here’s a pic of one of the last of them chatting with the future Pope
http://standpointmag.co.uk/files/u28/Habermas-and-Pope.jpg
http://en.wikipedia.org/wiki/Jürgen_Habermas
get-a-grip
Required name (b5f718) — 9/21/2013 @ 9:07 amSerial trolls are cute.
JD (191f33) — 9/21/2013 @ 9:12 amIf by “cute”, you mean juvenile, myopic, borderline retarded @$$h@t$—I agree.
Amalgamated Cliff Divers, Local 157 (f7d5ba) — 9/21/2013 @ 9:45 amRe: Stranahan’s piece about the Frankfurt School, what’s missing is any discussion of Antonio Gramsci (Alinsky is just warmed-over Gramsci). Also missing is any mention of the KGB’s covert role in promoting the whole process; it didn’t happen on its own.
Milhouse (0ea53d) — 9/23/2013 @ 9:59 am