Posted on 01/25/2018 9:55:44 AM PST by Moseley
Prosecutorial misconduct is a serious matter. It proved fatal to the prosecution of Senator Ted Stevens in the U.S. District Court for the District of Columbia, Criminal Case No. 1:08-cr-00231-EGS, before Emmett G. Sullivan, District Judge. Robert Mueller’s violations of U.S. Department of Justice regulations and ethical requirements of the legal profession are even worse than the tongue-lashing from Judge Sullivan on April 7, 2009, in the bungled prosecution of Stevens. Mueller’s ethically-challenged lawyers did not take the lesson in Anna Stolley Persky, “A Cautionary Tale: The Ted Stevens Prosecution,” Washington Lawyer, October 2009.
Because of prosecutorial misconduct in Nevada, the prosecution of rancher Cliven Bundy was just thrown out, through the legal objections of Larry Klayman and local attorney Bret Whipple. Bundy was accused from a Western lands protest in 2014 against the threats of an army from the Bureau of Land Management Leftist Obama judge Gloria Navarro, really wanted, by all appearances, to nail Bundy to the wall. But Navarro could not overlook the clear violations of the ethical rules by the Obama hold-overs in the Justice Department.
First, Mueller and his staff have engaged in massive leaks of grand jury testimony, proceedings, subpoenas, and plans. Each of these incidents is a felony. If we did not have double standards and ‘elite immunity’ (that is, insiders are above the law), if you or I did what they did, Mueller and his staff would be in jail awaiting trial for those felonies. As with Ted Stevens and Cliven Bundy, Mueller’s investigation should be quashed and/or Mueller replaced.
Larry Klayman of Freedom Watch (who founded Judicial Watch) filed an ethics complaint against Mueller and has since filed a lawsuit. But now Bannon is directly affected. Bannon could join in Larry Klayman’s complaint or have his attorney William Burck file one.
(Excerpt) Read more at fairfaxfreecitizen.com ...
Until this week, no one with any courage had standing to challenge Mueller. But now that Bannon has received a subpoena to be interviewed by Mueller’s grand jury, Bannon has the legal right to move to quash the subpoena. Unlike everyone else, Bannon has the guts, grit, determination, and clear thinking to see the forest not just the trees and put the axe to the root.
Manafort has already sued Mueller et al
Unfortunately, actual and serious prosecutorial misconduct (and law enforcement misconduct generally) is very, very rarely punished.
There are various reasons why this is so, but the message for many years has been very clearly sent that prosecutors and law enforcement can get away with nearly all of their misconduct without court interference.
Call Steven Hatfill as a witness!
Everyone that Mulehead’s kangaroo courts subpoenas should challenge its legitimacy. There is plenty already in the public domain to demonstrate what an illegal farce it is.
Awesome point!
Yes Manafort has already sued Mueller but on only very modest grounds, and not on grounds that would matter to Trump. Manafort is suing that the charges against Manafort are outside of Mueller’s mandate — nothing to do with the Trump campaign. That won’t help Trump. Manafort’s attorneys COULD sue on all the same ground but most attorneys are weenies.
True misconduct is rarely “punished” but it is a little easier for a defendant to get charges dismissed. The prosecutors will probably never get anything more than a tongue-lashing at worst.
My biggest complaint? Why the F* is it Freedom Watch\Judicial Watch doing the heavy lifting? WFH is the DOJ & Sessions? (Oh, I know, he approved of the fiasco out West...).
First things first
Manafort should also challenge the validity of the Special Counsel regulation promulgated by the Justice Department.
The DOJ regs purport to grant a Special Counsel “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” 28 C.F.R. § 600.6
But a congressional statute requires that US Attorneys be confirmed by the Senate. 28 U.S. Code § 541
See https://www.freerepublic.com/focus/f-news/3560542/posts
The DOJ cannot on its own create de facto US Attorneys that are not approved by the Senate. This was a drafting defect, and the Special Counsel regulation should have more narrowly made a Special Counsel’s power derivative to that of the AG.
It has been pointed out that Special Counsel Mueller has formed an office with more attorneys than the US Attorney for the District of Rhode Island.
Also, his jurisdiction is effectively unlimited, as seen by the Manafort prosecution which is unrelated to supposed Russian-Trump election collusion but apparently believed by Mueller to come under the heading of anything he stumbles across in his investigation, whether or not having to do with Russian-Trump election collusion.
And of course, the Special Counsel appointment itself failed to specify a crime that was to be investigated, itself a violation of the DOJ regs.
Larry Klayman who should be AG instead of Rip Van Sessions.
Excellent arguments. Thanks
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.