The Federal Prosecutor
Article originally appeared at 24 J. Am. Jud. Soc'y 18 (1940).

The federal prosecutor has now been prohibited from engaging in
political activities.  I am convinced that a good-faith acceptance of the
spirit and letter of that doctrine will relieve many district attorneys
from the embarrassment of what have heretofore been regarded as
legitimate expectations of political service.  There can also be no
doubt that to be closely identified with the intrigue, the money raising,
and the machinery of a particular party or faction may present a
prosecuting officer with embarrassing alignments and associations.  I
think the Hatch Act should be utilized by federal prosecutors as a
protection against demands on their time and their prestige to
participate in the operation of the machinery of practical politics.

<link to source>
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The Worst Drafted RICO I Have Ever Seen
By Adam Nossiter The New York Times

The shakiness of the federal case against Mr. Siegelman had forced
prosecutors to “adopt the garbage-can theory of RICO,” said G.
Robert Blakey, a law professor at the University of Notre Dame and
former prosecutor, referring to the Racketeer Influenced and Corrupt
Organization Act. Professor Blakey suggested that the charges
against Mr. Siegelman had been indiscriminate from the outset.

“It’s a joke,” Professor Blakey said. “A guy walks in, gives a
contribution, and gets an appointment? Until Congress reforms this,
this is the system we live under. They are criminalizing this
contribution.”

Furthermore, Mr. Blakey derided the prosecutors’ racketeering case
against Mr. Siegelman. “It’s the worst-drafted RICO I’ve ever seen,”
said the professor, whose career at the Justice Department began in
1960. “You find as much trash as you can, then you dump it in.”

<link to NYT>
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Judge Refuses to Investigate Jury Misconduct

It is a fact:
The Presiding judge, a Bush appointee, refused to
investigate juror misconduct. Eight e-mails have surfaced post
conviction which if authenticated by the judge would require a new
trial. The judge has refused to investigate the e-mails.

< see CNN/ YouTube interview of Senator Davis questioning Gonzoles>

Motive: The judge is a substantial stockholder (40%) in Doss
Aviation Company which was notified of a possible contract award
from the United States Government  in February, 2006 after Judge
Fuller took this case and on May, 2006 during jury deliberations
Doss Aviation was awarded a  $178 Million Dollar contact renewable
annually by the United States. The Judge is listed as the registered
agent and the Federal Court House address is used as the address
of the Registered Agent for Doss Aviation.

Prosecutors handling the Siegelman case sought a thirty-year
sentence for Siegelman, arguing that it was “part of a systematic and
pervasive corruption” of public office. As things stand right now,
Siegelman has been convicted, but the far more potent evidence of
systematic and pervasive corruption points to the conduct of the
justice officials handling this case. It’s about time to start a serious
investigation of this whole prosecution, from the beginning.

<link to Harper's>
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*AttorneyGate in Guam
By Ari Berman for the Nation April 16 2007

Abramoff may have been responsible for the first politically motivated
US attorney firing in the Bush Department of justice. "I don't care if
they appoint bozo the clown, we need to get rid of [US Attorney] Fred
Black," Abramoff wrote to colleagues in March 2002.

<link to the Nation>
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Restrain this White House
By Bruce Fein Washington Monthly Oct. 2006

The most conservative principle of the Founding Fathers was distrust
of unchecked power. Centuries of experience substantiated that
absolute power corrupts absolutely. Men are not angels. Ambition
must be made to counteract ambition to avert abuses or tyranny. The
Constitution embraced a separation of powers to keep the legislative,
executive, and judicial branches in equilibrium. As Edward Gibbon
wrote in The History of the Decline and Fall of the Roman Empire:
“The principles of a free constitution are irrevocably lost, when the
legislative power is nominated by the executive.”

But a Republican Congress has done nothing to thwart President
George W. Bush’s alarming usurpations of legislative prerogatives.
Instead, it has largely functioned as an echo chamber of the White
House.
.... The president has also refused to disclose what legal advice he
received to justify the NSA’s warrantless domestic spying at its
inception. And Attorney General Alberto Gonzalez has confessed
that President Bush is operating other intelligence collection
programs that are unknown to Congress and the public and that will
never be revealed, absent leaks to the media

<link to Washington Monthly>
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