This blog exists to provide both a source of current information and a forum for those who have experienced or witnessed misconduct by federal prosecutors in particular. We are especially interested in seeking reform of the legal system in the way it deals with “Brady violations” or the prosecutors’ suppression of evidence favorable to the defense. Please comment as you have points or information you want to share.
We also address other means of government malfeasance, and disregard of the Constitution or the Rule of Law. We will blog as needed and strive to keep you informed of the most recent developments in efforts across the country to hold prosecutors accountable when they fail to produce all favorable evidence to the defense. Read More »
They all sing the praises of Sidney Powell and urge you to read Licensed to Lie: Exposing Corruption in the Department of Justice–the Amazon 5-star best-seller in three categories is now available for purchase in bulk for holiday and business gifts. Regardless of your interest in law or politics, it’s a great all-around read.
No lawyer has ever written a book like this. As Alex Kozinski wrote in his Foreword to the book: “Sidney Powell has more testosterone than pretty much any roomful of lawyers, be they men or women. Writing a book like this more than proves it. Not only does she take on, by name, prosecutors and former prosecutors who continue to serve in powerful and responsible positions, she is also relentless in criticizing judges before whom she has practiced for years. Few lawyers have the stones to do this.”
Legendary trial lawyer Brendan Sullivan described LICENSED TO LIE as “more instructive than any criminal law course in our best schools today.”
Yet, many have not heard of this remarkable account of legal history. Why? Because it’s true, and it’s terrifying. The New York Times refused to review it, the NY Post pulled its article after it “reached out to Department of Justice for comment,” and the main stream media won’t touch it. It’s irrefutable and reveals major flaws in our system.
We are coordinating bulk sales of the book for holiday gifts by law firms and for schools, and we are booking Sidney Powell for book signings and speaking engagements to discuss her vast experience from the inner circle of the courtroom and her firsthand account of astonishing prosecutorial misconduct.
No legal practice or education is complete without reading this book. It’s also a “must” for all Americans with political interests, social concerns, criminal justice reform advocates, or anyone concerned about our country and its legal system. Sidney is a riveting speaker. She has taught appellate and trial advocacy for the United States Department of Justice, and spoken on many legal topics for the Federal Bar, the ABA, the Texas Bar, the Fifth Circuit Bar, and countless civic organizations. She speaks widely on topics in current legal events from her news-breaking articles for the New York Observer, and on issues of over-criminalization, prosecutorial misconduct, and criminal justice reform, including to the Fifth and Ninth Circuit Judicial Conferences, law schools, legal, and civic organizations.
Her Book TV presentation with Judge Alex Kozinski at the CATO Institute has been viewed thousands of times.
Although LICENSED TO LIE reads like a legal thriller, and has 5-stars on Amazon, the book is the non-fiction, inside story of high profile litigation of the last decade, including the prosecutions of Arthur Andersen LLP, Enron, Merrill Lynch executives, Senator Ted Stevens, and others. Described as a strong page-turner—even in non-legal reviews—the book uses actual dialogue from hearings, trials and appellate arguments, including several in the Supreme Court. Those who have read it have said it should be required reading for every lawyer, law student, and college student in the country. Autographed copies are also available for bulk orders.
To inquire on scheduling a speaking engagement or ordering books, please contact Tricia at (203)470-6666 or firstname.lastname@example.org.
Sidney Powell served in the Department of Justice for ten years in Texas and Virginia and has devoted her private practice to federal appeals for the past twenty years. She was the youngest Assistant United States Attorney in the country when she was appointed. Later, she became Chief of the Appellate Section for the Western and Northern Districts of Texas. She is a Fellow of the American Academy of Appellate Lawyers and served as its President. Recognized by her peers as a “Super Lawyer” and named as one of the “Best Lawyers in America” for years, she has been lead counsel in more than 500 appeals in the United States Court of Appeals for the Fifth Circuit, resulting in more than 180 published opinions. She was President of the Bar Association of the Fifth Federal Circuit, and her briefs have long been featured as samples for practitioners. She also writes for the New York Observer, the NRO, and Fox News. Her news-breaking articles have appeared frequently on Drudge, Breitbart, Investors Business Daily, NewsMax, and in countless other publications. She has appeared frequently on Book TV for the CATO Institute, NewsMax TV, Fox and countless radio shows.
To read full endorsements, click here.
Judge Alex Kozinski, in his recent Preface to the Georgetown Law Journal, Criminal Law 2.0 – Preface to the 44th Annual Review of Criminal Procedure, 44 Geo. L.J. Ann. Rev. Crim. Proc (2015), quoted and cited Sidney Powell and LICENSED TO LIE: Exposing Corruption in the Department of Justice more than any other author or work. In fact, Judge Kozinski penned the Foreword to LICENSED TO LIE, in which he urges: “This book should serve as the beginning of a serious conversation about whether our criminal justice systems continues to live up to its vaunted reputation. As citizens of a free society, we all have an important stake in making sure that it does.”
United States Senator Orrin Hatch confronted Loretta Lynch with Licensed To Lie during her confirmation hearing for Attorney General. He extolled the book and urged Lynch to “clean up the Department of Justice.” John Stossel featured Licensed to Lie in his segment on Washington Overlords. Williams & Connolly LLP legendary partner Brendan Sullivan said:“You are a hero! You have demonstrated courage beyond that ever encountered in American lawyers. You are to be admired and respected for spelling out the frightening frailties and the human flaws in our system.” He added, “This book is more instructive than any criminal law course at our best schools.”
As you may recall, United States Senator Orrin Hatch held up LICENSED TO LIE to then Attorney General Loretta Lynch and encouraged her to read it and “clean up the Department.” Making good on his own pledge to work for criminal justice reform, today he made an important speech on the floor of the Senate, echoing what we and Judge Kozinski and Bernard Kerik and others have been saying for the last year in an ever-increasing chorus. The time for criminal justice reform is NOW, and it must include making sure that people are convicted only when they have criminal intent.
There are four important articles out in the last week or so, two of which were even picked up the the Drudge Report. I link them below in the order of their appearance. Reading all four will catch you up on the latest in Mrs. Clinton’s refusal to cooperate with the State Department or the court. All she needs to do is produce the server on which her government emails should never have resided. Of course, that is what she steadfastly refuses to do.
The most famous tweet of my most recent article came from actor James Woods! At last count, it alone had received over 800 retweets!
The first article broke the news that Judge Sullivan, the hero in my book LICENSED TO LIE: Exposing Corruption in the Department of Justice, reopened the suit by Judicial Watch to obtain the emails that show Huma Abedin’s conflict of interests in holding jobs at the State Department, the Clinton Foundation, and at a consulting company owned by a Clinton friend. He ordered the State Department to get answers from Clinton, Abedin and Mills about their use of Hillary’s private server.
Shortly thereafter, Bernard Kerik, the Commissioner of the NYPD on 9/11, wrote a significant article on selective prosecution–comparing the way this Justice Department vigorously persecuted others, including himself and General Petraeus, versus the pass the Department has given Hillary. Kerik is also the author of a new book that I commend to your reading. It’s the other side of the coin of Licensed to Lie. Read FROM JAILER To JAILED.
The next article explains how Hillary continues to obstruct appropriate review of the emails and fails to comply with multiple federal laws enacted to protect federal records and provide for some measure of accountability for government officials.
The real news shocker hit just Friday night. I learned that that lawyers for Clinton’s Chief of Staff at the State Department, Cheryl Mills, had advised her to destroy all electronic copies of the emails Judge Sullivan wanted produced. That lead to the article pictured at the left, which has been widely posted and tweeted. I hope you’ll read these and catch up.
All of my articles on the Observer can be found at http://observer.com/author/sidney-powell/ and you can subscribe to the feed on my author page there to receive them automatically.
Thank you for your interest. Please forward this email to your friends and share the articles from the Observer site. Friend me on Facebook and LinkedIn and follow me on Twitter @SidneyPowell1. Thank you!
In a strongly worded and remarkable opinion, Gate Guard Services v. Thomas Perez, 14-40585-CV0, a panel of the United States Court of Appeals for the Fifth Circuit, today ordered sanctions against the Department of Labor (DOL) for government misconduct, and remanded the case to the district court for an award to the private litigant of attorney’s fees because of the government’s “bad faith.” Writing for the unanimous Panel which included Judge Catharina Haynes and District Judge Marcia Crone, sitting by designation, Judge Edith Jones began:
It is often better to acknowledge an obvious mistake than defend it. When the government acknowledges mistakes, it preserves public trust and confidence. It can start to repair the damage done by erroneously, indeed vindictively, attempting to sanction an innocent business. Rather than acknowledge its mistakes, however, the government here chose to defend the indefensible in an indefensible manner. As a result, we impose attorneys’ fees in favor of Gate Guard as a sanction for the government’s bad faith. 28 U.S.C. § 2412(b).
The creativity of prosecutors who know no bounds never ceases to amaze me. Finally, thanks to a Freedom of Information Act request by the New Orleans Advocate, we have access to a 150 plus page report of the Office of Professional Responsibility within the Department of Justice addressing the astonishing conduct of former senior federal prosecutors in New Orleans in several high profile cases–including the Danzinger Bridge case and the River Birch matter.
Even though it is heavily redacted, the report excoriates former First Assistant United States Attorney Jan Mann and former AUSA Sal Perricone, both of whom resigned in disgrace, after a target of their investigation sued them for posting slanderous comments online using aliases. Compounding their misconduct, Ms. Mann even lied to her superiors and judges about it all.
The Louisiana Bar has done nothing yet–it’s only been three years! For the details, please see my article in the New York Observer.
Meanwhile, LICENSED TO LIE: Exposing Corruption in the Department of Justicerepeatedly hits #1 Amazon best-seller in Law/Ethics, Judicial Branch, and True Crime/White Collar.
The Los Angeles Time just printed this editorial, harkening back to the case in the Ninth Circuit on which we broke the news for the New York Observer. The Los Angeles Times recognition of the case and the problem will shine additional light on this crucial issue.
Ninth Circuit Judges Kozinski, Fletcher and Wardlaw clearly made an impression on the California Attorney General. The case has been resolved without the need for an opinion by the court. The oral argument is worth watching. The fun starts at about 16 minutes into the tape.
My most recent article for the New York Observer is here. It is the first in a series of at least three articles on a case against Bradley Stinn–a young father of three who has served six years in prison with six more to go on trumped up fraud charges. The only money or property that he stole? His salary and bonus one year. The case exemplifies everything wrong in our justice system now. The case was prosecuted in Loretta Lynch’s office, and she’s turned a blind eye to the misconduct at every level.
In last week’s confirmation hearings for the proposed new attorney general of the U.S., Loretta Lynch, esteemed Senator Orrin Hatch of Utah gave the nominee an urgent request:
“I recently read a powerful book… I read it in one day.”
“It’s titled, Licensed to Lie: Exposing Corruption in the Department of Justice.”
“The author writes about many things, including the debacle that occurred in the misguided prosecution of Senator Ted Stevens, which I thought was out of this world bad. I was one of the people who testified as to his character, and he was one a person of great character. As you know, he lost the Senate race because of this type of prosecution. I know that case. Ted Stevens was a dear friend of mine, and I testified on his behalf. Only after he was convicted did we learn that the Justice Department prosecutors intentionally hid exculpatory evidence that could have helped his case.”
“Now, these were not mistakes. They were corrupt acts that violated every prosecutor’s duty under the Brady v. Maryland decision to turn over exculpatory evidence so that the trial will be fair.”
“Now I recommend that you read this book, because if even half of it is true, and I believe it is true, you have a lot of work to do to clean up that department. Will you consider doing that for me?”
Ms. Lynch replied: “Thank you sir, I will.”
Widely respected former federal prosecutor and appellate attorney, Sidney Powell, author of Licensed to Lie, applauds the Senator’s dedication to the rule of law and his appreciation of her work.
“Senator Hatch is a beacon of integrity in the Senate, and a leader in protecting justice for all Americans. I am not surprised that he is appalled by the callous disregard for truth, justice and fundamental fairness exposed in my book. It is my great honor to add my research to this important discussion on reform lead by Senators Hatch, Murkowski, Grassley, and others. I also implore Ms. Lynch to champion this cause for reform, and I will welcome any opportunity to meet with her to discuss these crucial issues.”
“To restore confidence in the Department, Ms. Lynch should terminate the services of the attorneys in the Department who have been found to have committed intentional or reckless violations of their duties. She should end the Department’s stonewalling of its own Inspector General and provide the documents Congress has long requested in the IRS scandal, Benghazi tragedy, and Fast and Furious disaster. Like every citizen, prosecutors need to be subject to the law, and to be held accountable when they flout it. Indeed, as officers of the court entrusted with the power of the Sovereign, they should be held to an even higher standard. Instead, abusive prosecutors have been promoted, gaining even more power that will make them even more corrupt. What happened to the citizens in Licensed to Lie can happen to anyone. Just ask the teams of the Innocence Project who work tirelessly to free people who have spent decades in prison for crimes they did not commit. More than half of those wrongful convictions were the result of prosecutorial misconduct.”
In addition to Senator Hatch, there has been much critical acclaim for Sidney Powell and Licensed to Lie by many respected minds including, Brendan V. Sullivan, Jr. of Williams & Connolly LLP. Mr. Sullivan said that this book is “more instructive than any criminal law course offered today in our best law schools,” and, “It’s malpractice to litigate against the Department of Justice without reading this book.”
Respected federal Judge Alex Kozinski of the Ninth Circuit Court of Appeals has urged judges to “put a stop to” these abuses. In the oral argument of a recent case involving a California prosecutor, he suggested consideration of perjury charges for prosecutors who lie.
ABOUT Licensed to Lie: Exposing Corruption Department of Justice
In Licensed to Lie, Powell leads readers through the disturbing events, missteps, cover-ups, malfeasance, and corruption of justice that have caused her to question the system she has been committed to for over thirty years. With the narrative style of a legal thriller, this true story captures the drama of the law, the real human costs and consequences of the corruption of justice, and cautions for anyone facing the Department of Injustice.
ABOUT SIDNEY POWELL
Sidney Powell served in the Department of Justice for ten years in Texas and Virginia and has devoted her private practice to federal appeals for the past twenty years. She was the youngest Assistant United States Attorney in the country when she was appointed. Later, she became Chief of the Appellate Sections for the Western and Northern Districts of Texas. She is a Fellow of the American Academy of Appellate Lawyers and served as its President. Recognized by her peers as a “Super Lawyer” and named as one of the “Best Lawyers in America” for years, she has been lead counsel in more than 500 appeals in the United States Court of Appeals for the Fifth Circuit, resulting in more than 180 published opinions, and was President of the Bar Association of the Fifth Federal Circuit. Powell’s briefs have long been featured as samples for practitioners.
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See a panel of serious Ninth Circuit Judges in action! Watch this video, beginning at the 16 minute mark, and be sure to watch through to the end. This case involves a clear violation of the Supreme Court’s decision in Napue. This case presents conduct even worse than a Brady violation. In this case, the prosecution infected the case with false testimony–including by a prosecutor himself–over benefits given to a “cooperator” or “snitch.”
Deputy District Attorney Robert Spira was the prosecuting attorney in Melendez’s case. Melendez became a “snitch.” Prosecutor Spira took the stand at Baca’s trial to discuss Melendez’s plea deal. He testified that Melendez did not get any consideration in exchange for testifying against Baca. The California Court of Appeal found this to be untrue. Deputy District Attorney Paul Vinegrad was the prosecuting attorney in Baca’s case who put on Melendez and Spira as witnesses
A magistrate and the California Court of Appeal found that the California deputy district attorney Spira lied under oath, testifying against a criminal defendant and in support of a lying “jailhouse snitch” who was placed on the witness stand in apparent subornation of perjury. Making matters worse, the California Attorney General fought “tooth and nail” to keep the transcript from the California Court of Appeal.
The Ninth Circuit is going to do something about it, including naming the names–if the Arizona Attorney General does not–and the court strongly suggests that the lying prosecutor be prosecuted himself for perjury.
For a new twist on misconduct by Justice Department lawyers, take a look at the “Moonlight Fire” case and the recent developments in the state and federal courts in California. To catch you up, read my articles on the New York Observer and on Fox News.
A former Assistant United States Attorney blew the whistle on the possible suppression and/or distortion of evidence by state and federal fire investigators and the attorneys for each who pursued a massive multi-million dollar action to recover “costs” and penalties from Sierra Pacific–one of the largest land-holders in the country. Sierra Pacific, upon discovering new evidence, is turning the tables on the Department of Justice. A state court judge has awarded $32 million against CAL fire–the state investigative agency. Now the feds are back in court and on the ropes to defend their actions.
Sierra Pacific is due to file an additional brief on January 15, 2015, to explain to senior federal District Judge Shubb how the government has committed what amounts to a fraud on the court. The government has 30 days to respond, and then Sierra Pacific has until March 9 to reply.
Judge Shubb largely ignored the Department’s outrageous attempt to knock all of the defense lawyers off of the case because they had read the affidavit and allegations of government attorney misconduct. He vacated an order for a hearing on the government’s motion. In a fair and measured approach, he wants to determine first that Sierra Pacific can seek to set aside the original settlement under the Federal Rule 60(d)(3). Stay tuned. . . .
Article corrected for due date of briefing @ 1:10 p.m. on 12/5 and further editted
Thanks to all readers who have taken time to write a review and to tell their friends about the book. Here are a few of the comments from the most recent reviews:
1. Ms. Powell is a true badass. She gives those who have suffered through a malicious prosecution a voice (and where appropriate, a growl). She is brilliant, to be sure, but she is so much more. She is brave, even heroic. To the cases she cites in which justice has been perverted, we must add the inestimable loss of her voice and experience at the bar. We can only hope that when and if she is called upon again to defend the defenseless, she will rise to the occasion. But if she doesn’t, let the blame for her silence rest upon those who have perverted the system she knew and loved.
2. Until an insider comes forward, everything else is just hearsay rumors and gossip. Sidney does a wonderful job of revealing things in a new light that sheds a new insight of how just unaware I was of the legal system, in this country that prides itself of doing things by the book of law. An eye-opener for sure. Thank you. Peace
By a banker:
3. I happened to meet Sidney and share lunch with her at a recent event at the George W Bush Library in Dallas. The meeting was attended by many DOJ Officials and I found it appalling that they did not cheer Sidney’s portrayal of the “INJUSTICE” at the DOJ. To the contrary, she was shunned.
Any legal professional should be ashamed and scared of the treatment to the individuals in this riveting book.
LICENSED TO LIE is in the Above the Law Gift Guide. However, if you would like a personalized and autographed copy for the ultimate gift, there is a link to order it from the author at LicensedtoLie.com.