Brady Violations

What do Judge Alex Kozinski, Senator Orrin Hatch, and “fabled trial lawyer Brendan Sullivan” have in common?

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.

Themis 2544No 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.

BOOK TV AKHer 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 tricia@licensedtolie.com.

 

 

Powell_HS_0004FF croppedSidney 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.”

HatchLynchcroppedUnited 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.”
Stossel Feature.John Stossel featured Licensed to Lie in his segment on Washington Overlords.
Brendan Sullivan cropWilliams & 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.”

To ORDER LICENSED TO LIE or to book Sidney Powell to speak to your group, contact Tricia@LicensedtoLie.com , 203-470-6666 or call 828-274-4063.

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.

 

Lots of News!

thDY0G7YEGSidney Powell, Ninth Circuit Chief Judge Alex Kozinski, and Dean Ron Weich appeared on Book TV, C-SPAN2, to discuss LICENSED TO LIE: Exposing Corruption in the Department of Justice.  The live event was hosted by the CATO INSTITUTE in Washington D.C. and moderated by Tim Lynch.

The panel discussed the importance and effect of Brady violations–the failure of prosecutors to meet their constitutional, legal and ethical obligations to produce evidence favorable to the defense–and the extraordinary and unsupervised power that prosecutors wield.

The event will be broadcast again Saturday, August 9 at 3 p.m. ET on C-Span2.


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US NEWS & WORLD REPORT featured a fantastic article by Contributing Editor PETER ROFF about LICENSED TO LIE.  People have described it as the best yet on the book!

Financial advisor Dawn Bennett, also a syndicated radio show host in Washington D.C., had Sidney on her program, FINANCIAL MYTH BUSTING, to discuss LICENSED TO LIE.  You can listen to it by clicking here, or read the transcript of the interview here (some errors).

#1 BEST  SELLER IN JUDICIAL BRANCHAnd Licensed to Lie hit #1 on Amazon in the Judicial Branch category. In the category of True Crime, it appeared on the same page as John Grisham’s non-fiction book.  It was a big week!

 

THE BOOK MAY BE ORDERED THROUGH LINKS at LICENSEDtoLIE.com, including autographed copies which are available from the author and may be personalized upon request.

DC COURT OF APPEALS ORDERS NEW TRIAL FOR SINISTER BRADY/GIGLIO VIOLATIONS

Judge EasterlyIn 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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FEDERAL JUDGE SUA SPONTE ORDERS NEW TRIAL FOR BRADY VIOLATIONS

indexIn 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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