The Justice Department is again being accused of withholding evidence and making false statements to the court. Judge Emmet Sullivan sharply questioned Justice Department lawyers about whether they are in violation of the D.C. Rules of Professional Conduct by making false statements to the court or failing to correct false statements. The Justice Department has faced such objections in various cases, including the now dismissed prosecution of former Senator Ted Stevens before Judge Sullivan. The latest allegation comes in the conspiracy cases against businessman Zhenli Ye Gon, accused in an international drug trafficking scheme.
Judge Sullivan stated: “This is the second time in less than three months in a high profile case where the Department of Justice has come before this court and asked it to dismiss an indictment after allegations that Brady-Giglio information was not timely produced to the defense,” Sullivan said today.
Paul O’Brien, chief of the Justice Department’s Narcotic and Dangerous Drug Section, said the government will respond in writing “to educate the court better” — not exactly the most diplomatic language to use.
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