>When Turnaround Is Fair Play: Prosecute the Prosecutors!
>by Don White
When federal prosecutors go wrong, someone’s got to set things straight. That’s just what a federal judge did when he cited a small Justice Department unit of apparent fraud and misconduct in prosecuting Ted Stevens, former Alaska Republican senator.
Do you think Stevens lost his recent election because of the inuendos, inaccurate, falsified testimony and outright unjust claims of impropriety that just now a judge has brought to the fore?
A civil defense attorney once told me that criminal defense lawyers — and he should have known, he partnered with one in his small law office — and police officers are only one step from being criminals themselves. There’s not much of a line to step over in the minds of some prosecutors — the vague line between being lawful and unlawful when it comes to prosecuting people. When a federal attorney can smell impropriety sometimes there are few things they won’t stop at doing to put a person behind bars, even when the person isn’t guilty. A conviction looks a lot better on their resumes than accomplishing nothing.
So it’s quite a story when a federal judge focuses scrutiny as one did on Monday on a small Justice Department unit assigned to root out corruption when he dismissed the conviction of former senator Ted Stevens and appointed an outside lawyer to investigate allegations of misconduct by prosecutors.
<!–var rn = ( Math.round( Math.random()*10000000000 ) );document.write('‘) ;// –> This is an extremely rare move that could turn the Obama Justice Department applecart upside down. When you put that department on the defensive — especially with all of the Democrat-Republican implications here — you have created a hornets nest for Obama Attorney General Eric Holder and his staff. Wasn’t it just months ago that the liberal press and Democrats were calling for an investigation of the wrongdoings of Republican Attorney General Roberto Gonzales?
To turn the investigation on the prosecutors themselves puts six federal lawyers, accused of mishandling evidence and witnesses, in the awkward position of becoming potential defendants in a criminal trial. That will make them think twice before accusing anyone of a crime.
It was Obama, himself who, during the election campaign, wanted to overhaul the so-called tainted Bush legal apparatus and remake its reputation and now it’s Obama with egg on his face. Whether it turns out like that or not, it makes for great newspaper and blog copy. Usually, if the department had a complaint like that they would examin it internally, but not so today. U.S. District Judge Emmet G. Sullivan said yesterday that he has no faith in such an investigation after seeing so much “shocking and disturbing” behavior by the government.
“In 25 years on the bench, I have never seen anything approaching the mishandling and misconduct that I have seen in this case,” he said.
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