Why This Blog?

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.

Also follow Sidney Powell’s breaking news and articles on the New York Observer.

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 »

DOJ Report Finds Stunning & Outrageous Prosecutorial Misconduct

Themis 2544The 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 Justice repeatedly hits #1 Amazon best-seller in Law/Ethics, Judicial Branch, and True Crime/White Collar.

It has been mentioned recently in the National Law Journal, in a New Jersey paper discussing the indictment of Senator Menendez, and in the Huffington Post discussing corruption in Orange County California.

News on Prosecutorial Misconduct from the Last Week

Harlan Fiske Stone Moot Court Competition, Monday, March 26, 2012, at Columbia Law School in New York.  (Photo by Diane Bondareff)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.

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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.

Senator Orrin Hatch to Loretta Lynch: “Clean up the Department” & Read LICENSED TO LIE!

HATCHIn 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.

This week, Licensed to Lie will be available on Kindle for only $2.99.  Hardback copies are available on Amazon.  For more information, please visit www.LicensedtoLie.com, @SidneyPowell1, www.facebook.com/licensedtolie

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.

Alexandra V. Preate

Chief Executive Officer CapitalHQ 340 Madison Avenue 19th Floor New York, New York 10173 (212) 588-9148

@APreate @CapitalHQ

Judges Kozinski, Fletcher & Wardlaw HAMMER California Attorney General’s Office Regarding State Prosecutor Who Lied Under Oath

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.

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Judges Kozinski, Fletcher and Wardlaw have long been on our Wall of Fame for standing up for the Constitution and the Brady Rule.

 

 

DOJ’s MOONLIGHT FIRE CASE GOING UP IN SMOKE?

#1JUDICIAL 1128For 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

NEED A GREAT GIFT? Order a Personalized Copy of LICENSED TO LIE

holiday-gifts-Christmas-presents-shopping-gift-guide-300x199If you’re in need of a holiday gift for a lawyer, banker, stock broker, a client, a teacher, or anyone interested in a good legal thriller, order LICENSED TO LIE: Exposing Corruption in the Department of Justice.  It has received many 5-star reviews and regularly makes #1 on Amazon in law, ethics, white collar crime, and the judicial branch!

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.

 

JOHN STOSSEL features LICENSED TO LIE on his Show tonight! Fox Business News 9 p.m.

StosselJohn

Tune in to FOX BUSINESS NEWS at 9:00 p.m. Eastern Time tonight to see John Stossel’s segment on LICENSED TO LIE: Exposing Corruption in the Department of Justice.

FOR IMMEDIATE RELEASE    Contact: Alexandra V. Preate   (212) 588-9148                                                                           apreate@capitalhq.com

Outlaw Prosecutors: John Stossel Features Former Prosecutor Sidney Powell

& Her Book Licensed to Lie on D.O.J. Abuses and the Next Attorney General

 

NEW YORK, NY (October 23, 2014) Tonight, Thursday, October 23 at 9:00 p.m. ET, Fox Business Channel and on Saturday, October 25, Sunday, October 26 at 10:00 p.m. Fox News Channel. Fox News’s John Stossel will feature former federal prosecutor Sidney Powell, author of LICENSED TO LIE: Exposing Corruption in the Department of Justice.

As Stossel writes: “Sidney Powell’s Licensed to Lie reveals the truth about a cabal of former prosecutors who were promoted by President Obama to the highest positions of power…President Obama may soon appoint one of them to be America’s next attorney general.” See Stossel’s new column on Powell’s bold accusations here.

A respected federal prosecutor, Sidney Powell, has served ten years under nine U.S. Attorneys, and worked on more than 500 cases, Ms. Powell believes that the Rule of Law should be applied regardless of politics, that prosecutors should seek Justice—not just convictions.

Well into her successful private practice, Powell was hired to defend a Merrill Lynch executive during the “drive-by” prosecution that the Dept. of Justice conducted as part of its investigation of Enron.  As she uncovered the truth, she was shocked at the high-handed, illegal behavior of federal prosecutors. LICENSED TO LIE chronicles political or personally-driven wrongful prosecutions of Merrill Lynch, Arthur Anderson, and Alaska Senator Ted Stevens, among others, in a gripping, true-life legal thriller.

Now major news media, television anchors for NewsMax and Fox & radio hosts across the country (such as Dick Morris) are paying attention to the destruction wrought by abusive prosecutors —wrecked lives, shattered companies, thousands of lost jobs.  Peter Roff, writing for US News & World Report said:

“Powell’s book outlines a nightmarish, even Kafkaesque environment in which federal judges are overly reliant on federal prosecutors to know the law and are woefully indulgent of their claims.”

A major expose in the world’s leading news magazine, The Economist, detailed the abuses Powell documented. She was also cited by Investor’s Business Daily for her insights into “Hookergate,” in which the White House fired Secret Service agents and military personnel, while White House Counsel Kathryn Ruemmler covered up for the son of an Obama donor.

Ninth Circuit Court of Appeals Chief Judge, Alex Kozinski, who in his personal capacity wrote the book’s Foreword, urges that it serve as a basis for a national discussion of prosecutorial abuse.  Judge Kozinski joined Ms. Powell to discuss this with the CATO INSTITUTE—as broadcast by C-SPAN.

Powell’s continuing series of newsbreaking stories of corrupt prosecutions, government misconduct, the War on Wall Street, and the IRS scandal, featured in the NY Observer, shed light on the ongoing meltdown in the U.S. Dept. of Justice, whose latest casualty is Attorney General Eric Holder.

To book an interview or a speaking engagement with Sidney Powell, please contact Alexandra Preate at CapitalHQ at (212) 588-9148 or apreate@capitalhq.com. Follow Sidney on Twitter @SidneyPowell1 and “LIKE” Licensed to Lie on Facebook.

 

Holder Resigns and Shoes Keep Dropping

President Obama Announces Resignation Of Eric HolderIt seems to be a new world of Scandal every day with White House and Department of Justice.  I continually wonder why it seems so hard for those in power simply to be honest.  We all understand that people make mistakes, some even do things intentionally wrong–but the White House and DOJ coverups make it so much worse.  We can’t solve a problem until it is honestly identified–and the promised “transparent” administration has proven to be the most opaque and dishonest.  Here’s what we’ve found in the past couple of weeks.

Holder resigned–finally.  Way passed due.  He and his president both looked physically sick at the press conference.  Only time and a lot of digging will tell what they are trying to hide by his departure now.  To see the commentary on NewMaxTV following the press conference and including this writer, click here.

A federal judge in California issued an order on his own recusing EVERY federal judge in the entire district and asking Judge Kozinski, our hero and Chief Judge of the Ninth Circuit, to appoint a judge to hear the serious allegations of prosecutorial misconduct arising from an extortionate prosecution of Sierra Pacific for a fire it apparently did not cause–dubbed the MOONLIGHT FIRE case.  Sierra Pacific is successfully turning the tables.  A state judge has already awarded the company and related defendants $32 million against CAL-FIRE.  Read my article on the New York Observer for more details.

We’ve also covered the latest White House cover-up involving none other than former White House counsel, Kathryn Ruemmler, who is LICENSED TO LIE, being not only in the middle of the Benghazi coverup, the Fast and Furious coverup, and the IRS email and political targeting coverup, but now–the Hookergate coverup!  And she’s being discussed for Attorney General??!!  Let’s have that hearing!

WATCH for LICENSED TO LIE: Exposing Corruption in the Department of Justice to be featured on John Stossel’s show this Thursday at 9 p.m. ET!

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The Department of Obstructing Justice–Holder Leaving

For my thoughts on this topic and it’s timing–not to mention that the Republicans should take back the Senate, making difficult the confirmation of anyone appointed by this President, see my article out yesterday on the New York Observer:

President Obama Announces Resignation Of Eric Holder

Eric Holder Runs from a Ticking Time Bomb

IRS Deadline Approaches Fast, Federal Judges are Furious—and Where’s Andrew Selka?

 

Listen to my radio discussion with Greg Knapp here

And on NewsMax TV immediately following the President’s Press Conference by clicking here

 

To Catch You Up on the News!

20140830_cna400Two really good articles in The Economist on the Overcriminalization of American Business.  See here and here, and then my article on the New York Observer–the WAR ON WALL STREET–that explains why.  The Department of Justice is extorting money from our corporations and redistributing the wealth to those of the President’s choosing.

 

 

In case you missed it, I broke the news on the destruction of Lois Lerner’s Blackberry–after Congress began its inquiry!  I’ve been monitoring the case filed by Judicial Watch since I learned from a friend that Judge Emmet Sullivan, one of the heroes in Licensed to Lie, was presiding over the case.  See articles here and here to fill you in on the developments there.

Then everyone picked it up.  Among countless others, Greta put it on her WIRE and tweeted it, Steve Forbes tweeted it, and it became the FOX NEWS lead story, which quoted me and LICENSED TO LIE: Exposing Corruption in the Department of Justice.

To see my thoughts on the ridiculous indictment of Texas Governor Rick Perry, read this article.  Stay tuned at the New York Observer for fast-breaking developments in the IRS email scandal and Judge Sullivan works to get to the bottom of it.

And by the way, thanks to a tip from a reader this week, we learned that Matthew Friedrich, former Acting Assistant Attorney General of the Criminal Division of the Department of Justice who is exposed in Licensed to Lie for his significant roles in the wrongful conviction of four Merrill Lynch executives and then United States Senator Ted Stevens, has left the Freshfields law firm without so much as a whisper and fallen off the grid.

C-Span continues to broadcast our CATO Institute presentation, the video is one of the most highly watched on their website,  and the book continues to rank highly on Amazon.

Here’s the most recent reader review, by Peggy L. Jennings, on Amazon:

Wow, this is an amazing revelation of what our criminal justice system has come to! Very disturbing to think that we can count on fairness from our courts! The injustice of these cases blows me away. With all that is going on in our country I thought people would have a chance in a court of law but the lying and cheating done by the higher ups in our “Department of Justice” is both disappointing and disturbing. Not only are they “Licensed to Lie” but then they are promoted to positions of importance where they can continue to corrupt our justice system. I am disgusted and frightened about the direction of our country that something like this could even happen and then be brushed under the carpet because they don’t want to upset their little apple cart! I can’t imagine the amount of tax dollars that went into the pockets of these attorneys and innocent parties being dragged through the courts for years with all these legal expenses. This is a very SCARY thought that someone can be put through something like this and it goes on forever. Something has to happen to change our justice system and all the $$$$$ that lawyers line their pockets with while innocent people and their families suffer. This is certainly not “fairness”.

#1 TRUE CRIME WHITE COLLAR 0823