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.

 

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

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