One of the longest standing complaints among criminal defense attorneys is that the government often goes ballistic when a defense attorney makes public statements in support of his or her client. Judges often hammer private counsel under increasingly harsh gag orders. Yet, the government routinely influences cases by leaking information that could only come from the prosecutors or investigators on the case. This problem is even more acute in high-profile cases like that of Richard Jewell and my former client Dr. Thomas Butler, where leaks were used to target innocent men to try to force them to plead. Now, like clockwork, the Justice Department has again started the leak war in the case of alleged mobster James “Whitey” Bulger. However, the judge has simply asked the Justice Department for a “plan” on how to stop the leaks. If this were a private firm, there would be a contempt hearing.
Bulger’s lawyers have said the leaks are endangering a fair trial. U.S. District Judge Mark Wolf appears to agree but simply asked the prosecutors to “submit a plan for stopping any leaks.” No investigation into who is intentionally leaking the information or any required declaration from the prosecution. Just a plan.
I have long been a critic of the increasing limitations put on counsel in defending their clients in public by courts. In my view, judges have cut too deeply into the ability of a lawyer to respond to attacks against his client in public — part of zealous advocacy recognized by the Supreme Court. However, at a minimum, the playing field should be level with government counsel receiving the same treatment in such public comments.
The Justice Department routinely leaked evidence and allegations to pressure targets or undermine trials. In some cases the information is false as in the case of Jewell, Butler and others. However, when these individuals sue, the Justice Department claims an array of privileges to prevent disclosure of the responsible lawyers and agents. The Justice Department itself practically never investigates and disciplines personnel for such misconduct.
Source: CNN
“Taxpayers are ‘paying his brother’s salary, and now we’ve got to pay his … defense,’ said Steven Davis, the brother of Debra Davis, one of James Bulger’s alleged victims.”
Wow. Someone went there. Haven’t heard that particular legal theory since the Inquisition: the sins of the criminal are now the collective sins of the family.
Society’s sliding backwards every day, folks. I’m beginning to understand exactly how the Dark Ages came to pass.
last I checked, pointing out logical flaws in your opponent’s argument wasn’t merely whining. Although whining about your inaccurate characterization of whining sure sounds like it is.
kderosa:
“Masterful deployment of an ad hominem attack.. You don’t seem to know any other kind of argument. Stay classy, lefty.”
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Like I tell my football players, when they bite off more than they can chew. Quit whining and play — or go home and tend to that candy a**.
@mespo727272
Masterful deployment of an ad hominem attack.. You don’t seem to know any other kind of argument. Stay classy, lefty.
Oh, well if you say so. And putting aside teh obvious two-wrongs-don’t make right reply, who would dispute such a scholar of history as you on all manner of things like Revere, Stalin, and Nero? Sorry, but your credibility travels with you through the threads there, dude.
If you don’t do stand-up, how about a funny podcast?
@mespo727272
Politicized like the state department was?
Apparently your memory doesn’t go back far enough.
That’s the problem with your dopey rhetoric, both departments were politicized well before Bush took office.
AY, No… I have family in Florida, but I’m in sometimes-sunny NY… No apology required… Hope you’re well.
“The Justice Department itself practically never investigates and disciplines personnel for such misconduct.” -Jonathan Turley
How about “The Justice Department itself practically never investigates and disciplines misconduct”… Oh, sure… a few token investigations…
http://thinkprogress.org/justice/2011/06/30/258647/doj-to-drop-most-criminal-investigations-of-cia-agents-involved-in-torture/
“Last I checked, this is Obama’s justice department, not Rove’s. It’d be nice if your rhetoric made sense for a change.”
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The politicizing of the Justice Department lives on well after the defenestration of that balding puppet-master. Perverting both the bench and the lawyers who do the nation’s business by using legal hacks like Monica (not so) Goodling insured a cesspool for years to come as the ideologues now masquerade as the arbiters of justice. It’s more an ecclesiastical department than civil service.
Were I you, I’d try to foist off the corruption of the right on the current occupant of 1600, but unfortunately for Neanderthal trolls like you, some us have long memories. On second thought, I wouldn’t try it because I value intellectual integrity. You should try it sometime; it will keep your head from exploding. Or maybe not.
I thought you were in Florida…sorry…
Unfortunately, the taxpayers of Massachusetts will be footing the bill for Whitey’s defense counsel.
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‘Whitey’ Bulger to get court-appointed lawyer
By Milton J. Valencia, Maria Cramer, John R. Ellement, and Martin Finucane, Globe Staff
The Boston Globe
June 30, 2011
http://www.boston.com/Boston/metrodesk/2011/06/whitey-bulger-get-court-appointed-lawyer/uQfvtadKy5eUVfTQ6v7rUO/index.html
Excerpt:
James “Whitey” Bulger, the alleged former crime boss from Boston who eluded the FBI for 16 years and had more than $800,000 in his apartment when he was arrested in California, will get a court-appointed attorney, a federal magistrate judge ruled this afternoon.
“I find at this time that the defendant is unable to retain counsel,” said US Magistrate Judge Marianne Bowler.
Prominent defense attorney J.W. Carney Jr., a veteran of many high-profile murder cases, was appointed to represent Bulger.
“I’m Jay Carney. My pleasure,” Carney said as he introduced himself and shook Bulger’s hand in the courtroom.
Bowler found that Bulger did not have the financial resources to pay for his own attorney. She also said that she knew of no legal requirement that a defendant’s relatives pay for his defense.
Bulger’s brother, William, is the former president of the Massachusetts state Senate and a former president of the University of Massachusetts. He is now drawing a sizeable state pension.
Taxpayers are “paying his brother’s salary, and now we’ve got to pay his … defense,” said Steven Davis, the brother of Debra Davis, one of James Bulger’s alleged victims.
“Our Constitution guarantees every defendant the right to a fair trial, and we’re going to see that he gets it,” Carney said after the hearing.
Carney is known for taking tough cases. His current clients include Tarek Mehanna, an alleged terrorist from Sudbury. Over the years, he has also made headlines representing John C. Salvi III, who attacked a Brookline abortion clinic in 1994, and Kenneth Seguin, a Holliston man who killed his entire family in 1992.
Ummm, AY? Sunny Florida?
Yes AN, Leave of Absence….
How ya doing in Sunny Florida….
AY,
LOA? Leave of absence?
Let me count the ways….you say a plan is needed…how about LOA’s….to never be recalled…if an attorney is doing this…well…the ethics rules cut both ways…
@Frank
And those same rules didn’t protect Bush’s civil servants held over from the Clinton admin? And there were plenty of moles left over after Bush took office.
It always irritates me when lawyers decide to fight a case out in the press. It happens way too often & both sides are guilty of doing it. They love to leak details, occasionally true, and the more salacious the better because the media just loves juice gossip. It always interferes with the right to a fair trial and should be stopped.
Except large parts of the JoD are Rovian plants. Many are protected by civil service rules but one of the thing BHO did when he took office to show his ‘bipartisan’ attitude was to not clean house. As a result there are many moles from Liberty & Regents still undermining the work there.
But don’t let reality spoil your ‘facts’ there kdreadful
@mespo727272
Nothing more like a Star Chamber than some Rovian gangsters perverting the system with their “leaks” of information tantamount to jury tampering.
Last I checked, this is Obama’s justice department, not Rove’s. It’d be nice if your rhetoric made sense for a change.
I’ve got a plan:
Haul every politico-jacka** in the prosecutor’s office that forgot his/her job is doing justice not just convicting people before the State Bar and let them get sanctioned. Then refer them to the trial court for contempt citations. Nothing more like a Star Chamber than some Rovian gangsters perverting the system with their “leaks” of information tantamount to jury tampering. Only slightly less loathsome are the press who publish the subversions of the justice system in the interest of getting a scoop and under the guise of free speech. Truth rarely comes from an interested party, especially a political opportunist with a law degree who’s ethically challenged.