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. We want to hear from you. We also address other means of government malfeasance, and disregard of the Constitution or the Rule of Law.
We will blog twice a week 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. If you are an attorney representing a defendant or a defendant whose criminal conviction was reversed because a federal prosecutor suppressed evidence Read More »
In an exhaustive indictment of government discovery and Brady/Giglio gamesmanship, the District of Columbia Court of Appeals, Judge Catherine Friend Easterly [great judicial name], recently ordered a new trial for DC Inmate Carl Morton in United States v. Vaughn et al. Morton and co-defendant Alonzo Vaughn were convicted for (1) aggravated assault and (2) assault on a law enforcement officer in connection with an incident at the D.C. Jail in which a group of men attacked a fellow inmate and a corrections officer who came to that inmate’s aid. Unbeknownst to either defendant, the government’s, Assistant United States Attorneys Mary Chris Dobbie and Reagan Taylor, primary and strongest identifying witness, presented to the jury as “Officer” Angelo Childs, had recently been adjudged to have made demonstrably false allegations regarding an earlier inmate assault. “Officer” Childs was subsequently demoted from Lieutenant to Sergeant as a result of that false testimony.
In a Department of Corrections Office of Internal Affairs (OIA) “Final Report,” Childs and other officers were shown to have falsely reported a separate incident regarding alleged inmate assault. In the relevant portion of this report — which the government suppressed — the investigator concluded that Childs’ report was, in fact, contradicted by video footage taken of the scene. Instead of turning the entirety of the report over to defendants, or to the court, the government prosecutors strategically excised the damning portions and submitted only the innocuous and inconclusive portions (sound familiar):
the government submitted to the trial court ex parte what it said was the OIA Final Report, but in fact was only the first five pages of the ten-page report (and included none of the documents in the appendix, 76 pages in all). The first five pages of the OIA Final Report contain “background” information, investigative notes, and a full reproduction of Officer Childs‟s account of an inmate assault in his Incident Report without any indication that that account was being questioned; the findings adverse to Officer Childs begin on the sixth page.
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In an unusual and virtually unprecedented opinion, US v. Garner et al, No. 2_11_CR_00038 (N.D. Miss. July 15, 2014), Judge Neal Biggers of the Northern District of Mississippi sua sponte acknowledged his prior elision of arguments that the government, Assistant United States Attorneys’ Clayton A. Dabbs and Robert J. Mims, engaged in constitutional and statutory violations at trial, and sua sponte granted defendants a new trial for Brady violations.
After the trial, which alleged federal crimes arising from a bribe and kickback scheme involving a community hospital, Judge Biggers entered judgments of acquittal and alternately motions for new trials for defendants Earnest Levi Garner and Raymond Lamont Shoemaker. On the government’s appeal, the Fifth Circuit reversed, reinstated the jury verdicts of guilty and remanded for resentencing. On remand, the district court noted that its prior grant of the alternate new trial motions did not address defendants’ claims of Brady violations but instead relied on a separate legal issue related to “agency” (as to the hospital) and the related jury instructions. Nor did the government address the Brady issues in its appeal to the Fifth Circuit, “ostensibly since the  court had not ruled on them.” Because the court “did not grant the defendants a ruling on the Brady claims,” and despite the peculiar procedural posture, the court determined that “to refuse to rule on these constitutional claims now would be a denial of due process and contrary to the interests of justice.”
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In the last two weeks, the New York Observer has published four articles, all of which have been in the TOP TRENDING on the site since they were published.
Three have been picked up by Drudge; by Investor’s Business Daily, and the last even by Breitbart, which “borrowed” the title from the Observer and most of my article.
Here are the links and please forward them to all of your friends. We are all starved for honesty in government–regardless of the party in power. We must demand better, and now Judge Emmet Sullivan may help us get to some of the truth.
ALL THE PRESIDENT’s MUSES: Obama and Prosecutorial Misconduct
ERIC HOLDER PROTECTS CORRUPT PROSECUTORS
WAR ON WALL STREET
And the MOST RECENT/BREAKING NEWS, which has gone viral with more than 7,000 facebook posts alone, MEET EMMET SULLIVAN –the federal judge in DC who is the HERO in my book, Licensed to Lie: Exposing Corruption in the Department of Justice, already an Amazon BestSeller. It is available on Kindle and on Nook for only $8.49, and in a terrific hardback online and in stores.
Judge Sullivan previously appointed a special prosecutor to investigate the Department of Justice and the prosecutors who hid evidence that was devastating to its ginned-up case against former United States Senator Ted Stevens. He has set a special hearing on the case filed by Judicial Watch for JULY 10. For the full story on Emmet Sullivan, read LICENSED TO LIE. There is reason to hope that IRS has met its match!
Sidney Powell discuss Licensed to Lie: Exposing Corruption in the Department of Justice on the Larry Parks show in New York. Click here to watch the show. It’s about 25 minutes.
For the top trending article for 4 days now in the NY OBSERVER, written by Licensed to Lie author Sidney Powell, see
“ALL THE PRESIDENT’s MUSES could take a lesson from All the President’s Men:
‘Nothing’s riding on this except, uh, the first amendment to the Constitution, freedom of the press, and maybe the future of the country.’”
Talk Show Host Chad Hasty engages Sidney Powell in a full discussion of Licensed to Lie, including a question from a listener. Click on the link below and scroll to the bottom of the page to hear the full interview. Here’s a quote from the Hasty Show Website.
In the book, which she describes as a legal thriller, Powell discusses the corruption she personally witnessed while involved in the U.S. justice system and what she calls “cruel, illegal, and unethical” practices being used by prosecutors in the Justice Department.
“It’s a book a prayed I’d never have to write- I did have to write it, because despite ten years of litigation, basically. . . we could not get the system to work like it should have. And injustice is something I have no tolerance for.”
With the new book, Powell hopes to bring national attention to the wide-spread corruption of the U.S. Justice Department. In the interview, Powell discussed the various cases that she covers in her book that demonstrate wide spread corruption in high profile court cases. She also explained how the book covers the extreme and devastating personal tolls that federal criminal prosecution can have on individuals and families involved.
She accounts her attempts to meet with various Department of Justice officials such as Attorney General Eric Holder, to try and bring those responsible for corruption to justice, but Holder is said to have ultimately ignored her, despite previous promises that Holder was going to clean up the department. When recalling interactions with Holder on a specific case, Powell said,
“I went to DC for a meeting with his[Holder] subordinates. . . he refused to meet with us, of course. . . They treated us with such hostility in the meeting that it was clear nothing was going to be done about it.”
Be sure to click on the small red bar toward the bottom of the show website to hear the full interview!
Sidney and Chad Discuss Licensed to Lie
LOOK who’s advising the President on the Benghazi cover-up! Kathryn Ruemmler, chief White House Counsel, seated to the left of the president, was lead prosecutor on the Enron Task Force who “plainly suppressed evidence” favorable to the defense while 4 Merrill Executives went to prison for something that wasn’t a crime. As James Carafano makes clear, the President could have chosen the path of Truth taken by Reagan in the Iran-Contra debacle, but instead, we have lies and a cover-up and now the release of Taliban terrorists from GITMO.
Ruemmler and her corrupt team of prosecutors (also promoted to high positions) actually YELLOW-HIGHLIGHTED evidence they were legally and ethically required to provide to the defense, and they deliberately hid it instead. And we wonder why we can’t get the truth on Benghazi??! Also pictured just to the right of POTUS is another member of the corrupt cabal of prosecutors, Lisa Monaco–implicated in the Enron Broadband trial misconduct. These former federal prosecutors are all discussed in the new book LICENSED TO LIE: Exposing Corruption in the Department of Justice with the Foreword written in his personal capacity by the incomparable Alex Kozinski, Chief Judge of the Ninth Circuit.
We called for Ruemmler’s resignation a year ago, but Obama wanted her to stay. She left just after the announcement of the release of the new blockbuster revelations of her legal, ethical and constitutional violations in the best-selling book LICENSED TO LIE. Coincidence? We think not.
Meanwhile, brilliant and profound reviews of LICENSED TO LIE continue to pour in–from readers and writers! Be a part of the national discussion Judge Kozinski calls for on this important issue. See who Obama chose to whisper in his ear on decisions affecting every aspect of our lives despite–or because of–their disregard for the Rule of Law and their legacy of injustice?
Photo by Pete Souza (White House flickr)
Listen to Sidney Powell discuss LICENSED TO LIE with Dennis Miller on his DMZ Radio Show. LICENSED TO LIE: Exposing Corruption in the Department of Justice continues to draw rave reviews from readers and the experts and is a #1 BESTSELLER on Amazon.com where it is also now available on KINDLE.
“Riveting, profound, compelling, revealing read. Brilliantly written, brutally informative detailed with fact and honesty. Sidney Powell has narrated a piece of history from a perspective deep within the legal circle…confirming what most of us fear, our government is only as good as those who serve it, or at best, how they are held accountable in their privilege to practice and enforce law. By design, the media is our conduit to information, not necessarily based on facts or truth. Licensed to Lie takes us on a journey of Sidney Powell’s unyielding commitment to uphold the law, all that it stands for, the quest for facts, knowledge and truth to support the law. Never have I read a book in which the author has the gumption to name names and call out those who still hold power.
This is a story that makes you think about the essence of our American freedom, our rights as citizens, and the corrupt powers that control it. Those named need to be held accountable. Those pursuing a career in law and politics, need to embrace this story as a code of ethics. Sidney Powell must be applauded and thanked for her courageous plight to expose and right the wrongs of our judicial system.
Licensed to Lie is a factual account of real people, whose lives were destroyed by those in power with questionable judgment and corrupt agendas. It reminds me of the Titanic. We know the end is horrific, but throughout the story, you keep hoping the ship will not hit the iceberg. . . our judicial system is sinking the American spirit. . . Licensed to Lie is blowing the whistle. Kudos to Sidney Powell and the stones it took to write this book. Best read in decades.” By Tricia
I just finished Sidney Powell‘s book. I am speechless and furious. And a little angry at myself for being pitifully ill-informed. Masterful writing Sidney. . . . I applaud and admire your steadfast commitment to right wrongs in the face of such obstacles. Paige Wilson Kostelink
I just finished your book. I don’t think I ever read a book so fast before. I just couldn’t put it down. With each page your stature gained in my eyes. You have tackled corruption at the very core. You make the world a better place for all of us. Thank you for what you do and have done. Bob
You may order you book online at www.LicensedtoLie.com and it should be available now in all bookstores. Check the Events on the website for opportunities to meet the author in your area.
By May 9th, the ninth day of its release, LICENSED TO LIE: Exposing Corruption in the Department of Justice was the #1 BESTSELLER on Amazon in LAW & ETHICS! The book has received stellar praise from lawyers and on leading legal blogs such as Above the Law and MAL Contends, but, the book is written for the lay reader as well. Here are excerpts from two leading literary reviews–Kirkus and ForeWord:
“A former Justice Department lawyer, who now devotes her private practice to federal appeals, dissects some of the most politically contentious prosecutions of the last 15 years. Powell assembles a stunning argument for the old adage, “nothing succeeds like failure,” as she traces the careers of a group of prosecutors who were part of the Enron Task Force. The author brings the case for judicial redress before the court of public opinion.”– Kirkus Reviews
“Powell has done the law and every citizen a great favor by calling out an unholy practice of government attorneys. Licensed to Lie: Exposing Corruption in the Department of Justice, by defense attorney Sidney Powell, is a lurid tale of deceit and amoral behavior on the part of government prosecutors. It is so well written and researched that the story makes for a stunning read.”–ForeWord Reviews
We have a number of events scheduled across the country where the author will be speaking along with selling and signing books. We appreciate your interest in this subject that is so important to the freedom of each of us and to the Rule of Law on which our Country was founded. The book, written in the narrative style of a legal thriller, aims to reveal the dangers and human costs to everyone when prosecutors are allowed to hide evidence favorable to the defense. As Alex Kozinski said in the Foreword, it’s time for a national discussion of the issues raised in the book. There are things that can be done now to improve the system for everyone.
Here are a few choice tidbits from the review yesterday written by Mike Leon for MAL CONTENDS. A link to the full review is at the end of the post. To whet you appetite for more to come:
“With this work, the former federal prosecutor and appellate attorney Ms. Powell stands among the great whistleblowers in modern American history as she exposes the injustices and inhumanities perpetrated by the self-aggrandizing members of two federal DoJ task forces, who truly had a license to lie and to destroy innocent lives without any federal prosecutor having conscience enough to even acknowledge the suffering they caused.
Many jurists already know of Sidney Powell’s brilliance and dedication, and Licensed to Lie should be required reading for every high school political science class, every undergraduate college constitutional law class and a must-read for any American of whatever political persuasion with a passing interest in freedom. No one reading this work can do so without being appalled by the intentional and repeated injustices inflicted onto the innocent.
Powell names the names, (Task Force leaders and prosecutors, Leslie Caldwell, Andrew Weissmann and Matthew Friedrich, for example) and tells the facts, and nothing in the U.S. Department of Justice (DoJ) ought to be the same after this story is told of American criminal justice as an American horror story inflicted by federal prosecutors.”
For the full article, including more of the authors thoughts and excerpts from the book, read on at http://malcontends.blogspot.com/2014/04/book-review-federal-prosecutor-american.html
If you haven’t ordered your copy yet, do so now at www.LicensedtoLie.com through the links to any bookseller or order it from your favorite store. We know that High Point University and the Barnes & Noble in High Point NC have received their copies and Sidney will be there to sign books on May 1–the official publication date and LAW DAY!!