prosecutors

The Rep. Henry Cuellar Ethics Train Wreck

/ Jack Marshall / 8 Comments

I had missed this story until one of Trump Deranged Facebook friends made an arch comment about me teaching “Presidential pardon ethics.” Huh, I wondered, what this old fool blathering on about now? It can’t be Biden’s advance pardons of his whole corrupt family because this guy never criticizes Democrats, so it must be something Trump did!” The Deranged have their uses: if Trump has done anything that by any possible stretch of the imagination could be bitched about, these people are like human Geiger-counters.

Sure enough, an op-ed in the Times came out yesterday called “The Pardon That Represents the New Era of Corruption.” [Gift link!] Wait, would that be President Clinton’s outrageous pardon of international fugitive from justice Marc Rich in exchange for a huge donation to the Clinton Library by his ex-wife? No. Democratic federal prosecutors Molly Gaston, who was part of the “Get Trump!” DOJ prosecution, and J.P. Cooney, special prosecutor Jack Smith’s deputy at DOJ, wrote the opinion piece because the President pardoned Representative Henry Cuellar, a Texas Democrat awaiting trial on federal bribery charges. Or perhaps it’s more accurate to say the wrote the opinion piece because they could see the potential in the story to impugn President Trump.

For good measure, to style the partisan hit job as “non-partisan,” the two prosecutors also attacked Hakeem Jeffries for praising Trump’s pardon of a Democratic House member. “Rather than be critical or perhaps stay silent, the House minority leader, Hakeem Jeffries, welcomed the pardon and engaged in shameful pandering, apparently to maintain Mr. Cuellar’s party loyalty,” they write. “Most disturbingly, Mr. Jeffries did so by attacking the legitimacy of the criminal case against Mr. Cuellar, publicly dismissing the indictment against him as “very thin.” As former federal prosecutors who spent our careers rooting out public corruption, we see this for the wagon-circling that it is. The jury’s detailed, 54-page, multicount indictment against Mr. Cuellar was anything but thin, and he should have had to stand trial before a jury of his peers.” They continue, “Mr. Jeffries’s embrace of Mr. Cuellar was a disturbing sign that Democratic leaders, when it is politically advantageous, may be willing to join in Mr. Trump’s degradation of the justice system.”

Continue reading →

Now THIS Is An Unethical Lawyer…

/ Jack Marshall / 6 Comments

And yet he’s running to be elected judge!

No, I don’t understand this at all.

Matthew Leveridge, the commonwealth’s attorney for Russell and Wayne counties in Kentucky, should have been disbarred.  He admitted to impregnating a criminal defendant, Latisha Sartain, whom he prosecuted for drug trafficking in 2011. A motion filed on Sartain’s behalf in 2014 alleged that Leveridge filed a motion to revoke her five-year pretrial diversion agreement after she ended their relationship and revealed her pregnancy to Leveridge’s wife. For some reason, this didn’t result in any bar discipline, or an episode of “Law and Order.”  But wait! There’s more! Continue reading →

Not Seeking Prison Sentences For Serious Crimes Has Worked So Well In San Francisco, Manhattan’s DA Will Do The Same

/ Jack Marshall / 11 Comments

The title is sarcastic: that is the proverbial flat learning curve above.

The “woke” DA of the City by the Bay’s policies have contributed to turning San Francisco into such a crime-ridden hell-hole that even its uber-progressive mayor, London Breed, has metaphorically cried “uncle.” So, naturally, the new DA for Manhattan, ushered into office just as the city has a new mayor who pledged to be tough on crime, wants to follow a similarly lenient policy regarding criminals….and New York is already suffering from its worst crime wave since the Seventies.

What could go wrong?

In his introductory memo to his staff this week, Alvin Bragg announced that his office “will not seek a carceral sentence” except for murder and a handful of other cases, including domestic violence felonies, some sex crimes and public corruption.

Continue reading →

Perhaps The Strangest Unethical Prosecutor Story Yet

/ Jack Marshall / 3 Comments

doordash

I have written about over-zealous prosecutors and incompetent prosecutors. I have written about a prosecutor who moonlighted as a dominatrix and another who moonlighted as an NFL cheerleader; a prosecutor who helped his drug-dealing prepare nickel bags, and a prosecutor who faked sleeping during trials to distract the jury from a defense attorney’s closing argument. However, I never thought I would see this.

Greg Shore, the first assistant district attorney in Bucks County, Pennsylvania, not only moonlighted as a delivery driver for the online food ordering company DoorDash, he did so during his work hours as a prosecutor. As in, “I’m sorry, I can’t work on my closing argument right now, I have to get this Chinese food order across town, stat.” Or “Hey, thanks for the barbecue delivery–wait! Aren’t you the guy prosecuting the man who raped my wife?“

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#MeToo Ethics: Prosecuting To Stigmatize The Accused

/ Jack Marshall / 16 Comments

It’s not just the impeachment..apparently prosecutors are beginning to adopt the Democratic Party’s theory that it is appropriate to force a trial when there is no chance at conviction just to stigmatize the accused. This is a clear breach of prosecutor ethics, but ethics schmethics, the ends justify the means, right?

The area in which this despicable strategy is surfacing is—and this should be no surprise—the realm of #Me Too. In Maine,  Natasha Irving , who is the top prosecutor for Knox, Lincoln, Sagadahoc and Waldo counties,  wants to reform how the legal system prosecutes sexual assault cases, believing all women so those who come forward know they’ll be “supported.” This means, according to  Irving, that prosecutors shouldn’t decline to prosecute a sexual assault case just because they “think it’s too hard to prove.”

“Individually, I think that response is very damaging to a survivor,” she says. “If they weren’t believed initially, they don’t have faith that they’re going to be believed if they come forward again. Or that they somehow will be put on trial for what happened instead of the perpetrator. There’s a lot of shame and blame that the victims often carry.”

Yes, that’s a problem. A greater problem is prosecutors bring cases to trial when the don’t have enough evidence to prove the defendant guilty. Then they are just counting on an incompetent jury, which isn’t that much of a longshot. The attitude Irving is endorsing is how black men end up in prison for murders they didn’t commit. Continue reading →

Ethics Dunce: District Attorney Craig Northcutt

/ Jack Marshall / 21 Comments

How long will it take our communities to exile social Neanderthals like Craig Northcutt to jobs where their bigotry and un-American values can only harm the people foolish enough to voluntarily associate with them?

Northcutt is the Coffee County (Tennessee) District Attorney, and a 2018 videotape reveals him saying such things as,

  • Regarding the Supreme Court decision declaring it unconstitutional to prevent gay couples from marrying: “Five people in black dresses rule us — it just takes five votes, it doesn’t take all nine.”

That statement is per se moronic, as well as irresponsible.. A ruling by any judicial panel is just as binding and has exactly as much force in law regardless of the vote. Northcutt is encouraging defiance of the law.

  • “DAs have what’s called prosecutorial discretion. Y’all need to know who your DA is. Y’all give us a lot of authority whether you know it or not, We can choose to prosecute anything, we can choose not to prosecute anything, up to and including murder. It’s our choice, unfettered. So, to deal with that, you elect a good Christian man as DA, and you’ll make sure at least [Christians] don’t get prosecuted criminally.”

Translation: “I’m biased, prejudiced, conflicted, and incapable of enforcing the law fairly and objectively., and don’t even want to, or know why I should” Continue reading →

Governor Greitens And The Unethical Release-Dismissal Tactic

/ Jack Marshall / 5 Comments

(The gun being held to the signer’s head is out of the frame…)

The resignation of Missouri Governor Eric Greitens (R), a result that appears to have been over-due, deserved, and necessary, also involved a common form of unethical prosecution. The device is called Release-Dismiss, and it looks, smells and feels unethical. Nevertheless, the Supreme Court and most of the states continue to allow it. They shouldn’t.

Greiten’s resignation came as a result of a plea deal after St. Louis Circuit Attorney Kim Gardner agreed to dismiss charges that Greitens tampered with a computer donor list of a veterans’ charity he founded. The deal also included Grietens’ promise not to sue Gardner or her office.

Greitens’  legal fees were over $2 million, he said,  and he could not afford to go to trial on the charges.  Gardner  said  she was confident she had  the evidence required to convict  Greitens. (That’s what they all say.) But the fact remains that the threat of criminal prosecution was used to pressure Greitens into giving up his civil rights.

In a scholarly paper on this maneuver, one authority writes,

A phenomenon exists in the criminal justice world which allows a prosecutor to strike a bargain with a criminal defendant, permitting them both to cut their losses and walk away from a mutually bad situation. On occasions where arrested individuals may have been wronged by public officials in the course of their arrests, prosecutors may legally agree to dismiss defendants’ criminal charges in exchange for releases by the defendants of any civil claims arising from the arrests. The release-dismissal agreement, and variations upon its theme,’ have been the subject of controversy for several years.

Its supporters rely on the obvious efficiency embodied in the situation. Despite this efficiency, such agreements are dangerous, detrimental to the criminal justice system, and against the better interests of society.

I agree. So does Professor Turley, who wrote, Continue reading →

Gee, Trump-Haters, Is Fox News Trustworthy And Reliable NOW?

/ Jack Marshall / 46 Comments

 Two Fox News stalwarts, chief Fox News anchor Shep Smith and “Judge” Anthony Napolitano (he’s not a judge, not any more) took issue on the air with criticism of “Spygate.” Let’s take the two individually…

Shep said, in part,

“President Trump has also claimed that Feds spied on his campaign with an informant,” Smith concluded. “The President calls it ‘spygate.’ Fox News can confirm it is not. Fox News knows of no evidence to support the president’s claim; Lawmakers from both parties say using an informant to investigate suspected ties to Russia is not spying, it’s part of the normal investigative process.”

Ugh.

  • Smith is not the least bit sympathetic to Trump, though Fox-bashers like to ignore this when they accuse Fox of being blind shills for the President. He tries to be objective, but slants left like most of his colleagues at other networks. So this is not, as it is being represented to be, a stunning rejection by a media ally of President Trump.
  • This popular semantical defense of the FBI using a mole in the Trump campaign remains desperate and silly. The FBI recruited an individual to seek out contacts within the Trump campaign and pass along information learned thereby to the agency. An undercover informant is a spy—it’s just that spy is a pejorative term.
  • “Lawmakers from both parties say using an informant to investigate suspected ties to Russia is not spying, it’s part of the normal investigative process” is a horrible, unethical sentence. First, if some lawmakers from both parties say Trump is a rutabaga, it doesn’t make him a rutabaga—this is naked appeal to authority. Bad Shep.

Second, who is so certain “ties to Russia” is all the “informant” was investigating? Why are they so certain? Because the FBI says so? Continue reading →

Ethics Dunce: Durham District Attorney Roger Echols

/ Jack Marshall / 98 Comments

This is how a society erodes respect for the rule of law. It is a good way to pander to political correctness and social justice warrior jerks, though.

At the height of the mad fervor to tear down Confederate hero memorials and statues over the summer,  Takiyah Thompson, 22, Dante Strobino, 35, Ngoc Loan Tran, 24, and Peter Gilbert, 39. pulled down a century-old statue of a generic Confederate soldier in Durham, North Carolina. This was done in front in front of news cameras and during the day.

Thompson  is a student at North Carolina Central University, a black institution.  The three men belong to the Workers World Party, which  organized a Durham protest to piggy-back onto the Charlottesville, Virginia protests around the removal of a Statue of general Lee.

Notably, police spotted Tran at the court hearing for Thompson when a deputy asked him to help identify two people . Tran refused and he was arrested.

Tran explained the justification for the vandalism thusly:  “Monday night hundreds of people gathered in front of the statue, and it was the will of everyone there that that statue come down knowing that in the state of North Carolina there is no legal route for removing Confederate statues.”

Of course there is a legal route for removing statues. Continue reading →

Ethics Lessons Of The Dallas Prosecutor-Uber Driver Confrontation

/ Jack Marshall / 25 Comments

Dallas prosecutor Jody Warner was fired from her job in the Dallas District Attorney’s office for an ugly—and subtantially recorded—argument with an Uber driver.

“Although criminal charges have not been filed, her behavior is contrary to this office’s core principle of integrity, and it will not be tolerated,” the DA’s office said in a written statement. “As public servants, we represent the people of Dallas County and are examples of justice, professionalism, and ethical behavior both inside and outside of the courtroom.”

What happened?

Yikes.

Uber driver Shaun Platt said he picked up Warner, 32, at a Dallas bar. He knew pretty quickly that he had a drunk on his hands, as she yelled at friends out the window when she got in his car. Warner directed him to take a different route from the one his GPS suggested, and he got lost.

“I said, ‘Should I make a left up here?’ and she refused to answer me,” Platt said. “She said, ‘You can follow the fucking GPS’ and she became increasingly angry, even though I was just trying to get her home.” Warner continued berating him, and, he claims, slapped his shoulder. At that point, he pulled his car over, ended the Uber app, and ordered her out.

But the prosecutor refused, threatening that he was “never going to work again” and that she “knows people.”  “Who are they going to believe? I’m a district attorney,” Platt says she told him. (Unstated but understood: “And you’re just a dumb Uber driver!’) At that point he called 911 and started recording her comments on his cell phone.

Highlights:

  • “Oh, my God, you’re going to regret this so much.Just take me home, dude. … Either drop me off at my house, or we’ll wait for the cops because I’m not wrong.”
  • “You’re a fucking idiot.We’ll wait for the cops then if that’s what you think is appropriate.”
  • “Oh my God, you’re an idiot. You are a legitimate retard. I want to go home so badly but you’re so stupid I want the cops to come so that they can fuck you up, that’s what I want.”
  • “Dude, everything’s being reported.I’m an assistant district attorney so shut the fuck up.”
  • “I think this might be kidnapping right now, actually.”

After that statement, the non-lawyer Uber driver correctly made the salient legal point that since he had asked her to leave, and she was free to leave, “It’s not kidnapping, ma’am.”

She replied, “No, it is because there was an Uber that had a destination and you have not taken me to that destination. You’re holding me here, so please take me to that destination.”

Oh..huh? Continue reading →