Justice Department Accused of Taking Attorney-Client Material at Mar-a-Lago

Fox News is reporting that the FBI seized boxes containing attorney-client privileged and potentially executive privileged material during its raid Mar-a-Lago. When the raid occurred, I noted that the legal team had likely marked material as privileged at the residence and that the collection could create an immediate conflict over such material. Now, sources are telling Fox that the Justice Department not only took attorney-client material but has refused Trump requests for a special master to review the records.

The request for a special master would seem reasonable, particularly given the sweeping language used in the warrant. It is hard to see what material could not be gathered under this warrant.

Attachment B of the warrant has this provision:

“Any physical documents with classification markings, along with any containers/boxes (including any other contents) in which such documents are located, as well as any other containers/boxes that are collectively stored or found together with the aforementioned documents and containers/boxes; b.. Information, including communications in any form, regarding the retrieval, storage, or transmission of national defense information or classified material”

Thus, the agents could not only take an entire box if it contained a single document with classification markings of any kind but could then take all boxes around that box.

It is not surprising that dozens of boxes were seized.

Given that sweeping language (and the various lawsuits and investigations facing Trump), it would seem reasonable to request a special magistrate. That is why the reported refusal is so concerning. What is the harm from such a review? The material is now under lock and key. There is no approaching deadline in court or referenced grand jury.

Moreover, many have accused the Justice Department of using this search as a pretext. While saying that they were seeking potential national security information, critics have alleged that the real purpose was to gather evidence that could be used against Trump in a prosecution over his role in January 6th riot. I have noted that such a pretext would be deeply disturbing given the documented history of Justice Department officials misleading or lying to courts in prior Trump-related investigations.  The continuation of such subterfuge could be disclosed in a later oversight investigation.

The use of a special master could have helped quell such claims of a pretextual search. Conversely, the denial of such a protective measure would fuel even greater concerns.

The refusal to take this protective measures is almost as troubling as the sweeping language in the search warrant itself. We need to see the affidavit that led to this search warrant. I am not going to assume that the search was unwarranted until I see that evidence. However, in the interim, Attorney General Merrick Garland could have allowed accommodations for this review to assure not just the Trump team but the public that the search was not a pretext for seeking other evidence like January 6th-related material.

306 thoughts on “Justice Department Accused of Taking Attorney-Client Material at Mar-a-Lago”

  1. Agree with Sam, Peter. This was an excellent summation. Glad this was the first comment. Everybody should see it.

    They keep talking about a Thucydides trap between America and China. Well, there’s another one between the DNC and the U.S. Constitution, and it’s here and now. China is just a happy spectator.

  2. 𝐓𝐇𝐄 𝐅𝐈𝐑𝐌 [𝙞𝙨 𝙏𝙝𝙚 𝘿𝙚𝙚𝙥 𝙎𝙩𝙖𝙩𝙚]

    MITCH:
    The files are in exactly
    the same place they were.

    Whatever I know, wherever I go, I’m bound by
    the attorney-client privilege. I’m
    very much like, I would say exactly
    like, a ship carrying a cargo that
    will never reach any port. And as
    long as I’m alive that ship will
    always be at sea, so to speak.

    JOEY:
    Like Yasser-füçꞣing-Arafat, never a
    night in the same place – so to speak.

    Being a Republican President these days is a lot like Mitch working for 𝐓𝐇𝐄 𝐅𝐈𝐑𝐌.

  3. Turley is clearly not comfortable with what he is seeing. However, he is not ready to admit what time it is. It is later than he thinks. He is not beyond the Eastman treatment.

  4. What is wrong with these equations? —

    Democrats + “nobody is above the law”

    Democrats + Federal law

    1. Sam

      Contrary to your self image, you are not Forrest Gump clever.

      Sometimes simplicity is just shallow thinking.

      1. “Contrary to . . .”

        There are therapists who conduct online sessions.

        Perhaps one of them can help you identify the source of your hostility.

  5. It has been fairly clear from Garland’s confirmation that he was a useful idiot, to use Vladimir Lenin’s language, of the current Administration. Turley, thank God, has been on top of it from the outset. And not that I’m any acolyte of Trump, one of the things that has made this country different from all others, is its acceptance of principles of open-mindedness in the administration of its laws. Garland needs to be reminded of this. Certainly, at one time he was fully aware of this, but as Biden’s AG, he’s lost his way.

  6. Although today’s results are different, many of Trump’s violent supporters (not all Trump supporters) seem to support “Jim Crow” laws and practices.

    “Jim Crow” was essentially state and local officials – 100% who swore to uphold the U.S. Constitution – citing the 10th Amendment (states’ rights) but ignoring the 9th Amendment – taking it out of legal context.

    During Jim Crow these state and local officials perceived themselves “above” the U.S. Constitution and above checks & balances by the federal government. They perceived themselves as little fiefdoms where they could violate anyone’s constitutional rights within their fiefdom.

    This might help explain why some of the January 6 insurrectionist were local police officers attacking federal police officers. They only respected and supported local police not federal police.

    Section 3 of the 14th Amendment (Disqualification Clause) was created to prohibit those disloyal to their Oath of Office from every serving as a police officer, military, mayor, governor, member of Congress or even president ever again. Once you betray your loyalty oath you are banned from government authority for life (unless later forgiven by Congress).

    It would be better to use the 14th Amendment Section 3 on Trump’s constitutionally-subversive wing to ban them from government service.

  7. The only solution is to reduce the power of the Dem Police State!
    cut 50% of federal gov! Then remove 75% of Fed Gov from DC and move it to the Heartland!
    Centralized Power Corrupts!
    Also a 5% tax on all financial transactions(stocks, Bonds, moving money offshore, etc) to reduce the power of Wall Street

    1. guyventner, did you forget that Trump wanted to shoot peaceful protestors so he could cross the street? His own Sec. of Defense said that.

  8. My theory is that since Cheney et al promised another hearing, with bombshells, in OCTOBER the FBI is doing their part to “find” (manufacture) evidence for the Committee to use for their OCTOBER surprise.

    This isn’t about the Archivist wanting documents, see Clinton, Hillary, Berger, Sandy, it is all about the J6 Committee and the November mid-term elections.

  9. laws mean nothing to fascists seizing power

    Do people realize Democrats are fighting a CIVIL WAR…Again?

    1. Enough with the democrat name calling. Let’s be honest with what’s really going on here. Both parties are in servitude to corporate interests and we the people be damned. I prefer to call our conservatism in lieu of parties because to conserve means to withhold for oneself. That is what both parties do. They withhold from the people, while trading stocks for their own riches and using insider trading to do so. The train of the US keeps rolling on but they’re running out of tracks and they’re not building anymore.

      I once read on Encarta online encyclopedia that every democracy collapses within 300 years. Well folks, it seemed while it lasted. Now we just wait and see it run all the over the cliff.

  10. Maria Bartiromo’s Sunday show today is must watch. Keep the pressure on and be relentless about it. This is no time to sit back cowering in fear of “six ways from Sunday” government retaliation! Don’t shut up — get loud! This is clear ABUSE of POWER. Expose it!

    1. Bartiromo’s program was a “must see.” It will be broadcast again at 3:00 p.m.

  11. The question that needs to be answered by Trump and his sycophants like Turley is – what legitimate reason did Trump have all these documents and why did he refuse to turn it over the first time the FBI asked for it? He is no longer President. He does not need a dossier/Compromat on Macron to do official US business.

    They cannot answer that, which is why they want to investigate the investigators and claim that the FBI planted stuff and the like. This is just more of that.

    1. All presidents take memorabilia from their time in office. The Obama library has over 39,000,000 pages of documents that it never digitized to the National Archives. (Go to their website and look for yourself.) Funny how Susan Rice’s documents regarding unmasking Flynn are a part of that file – btw the Obama Library is not a government entity and not subject to FOIA.. get a clue.

      1. Documents that say “Classified” or “Top Secret” are NOT “memorabilia”. The National Archives has been digitizing Obama’s documents. And, how do you explain the pattern of lies: 1. we don’t have any classified documents; 2. if they find classified documents, the FBI planted them; 3. if they just asked for them, we’d comply; in fact, we’ve been working with them; a subpoena had to be sent when just a small handful of documents were initially returned; 4. in response to a subpoena served in early June, Trump lawyers falsely swore that all classified documents were returned; 5. in response to an informant, FBI found 12 more boxes of classified materials; 6. in response to finding more classified documents Trump lied about returning, claiming he had a “standing order” to “declassify” any papers he took, which is a lie. That’s not how declassification works because there’s a paper trail. There’s NO “standing order”. Why don’t YOU get a clue?

        1. RE:”Trump lied about returning,………………” If you have the source of the incontrovertible evidence to support the last four sentences of your statement, you are expected to present it.

    2. I guess you would have been happy living in East Germany and having the Stasi go after your enemies. Your comments sure do indicate that.

      1. I spent three days in DDR and Berlin in the mid-1970s and a full day and evening behind the wall. It was no joke. It wasn’t just a wall, there was the razor wire, mines, dogs, watchtowers, machine guns and then the wall. Humans are capable of evil and it is surprising how quickly they can change from being normal into radicalized thinking. It is scary.

  12. Justice Department Accused of Taking Attorney-Client Material at Mar-a-Lago

    Another distraction for entertainment starved masses:

    Banana Republic of America Presents:

    Moby -Trump – The Orange Whale

    A tragicomedy of National importance

    Performed entirely by carnival barkers, witting/unwitting US Government officials, authorities and experts (past/present) and various ideologues

    Act I

    Moby – Trump wins the 2016 presidential election and surfaces in the once calm swamp waters of Washington DC thrashing to and fro while pretending to “drain the swamp”

    Act II

    An ideologically blinded Ahab encounters Moby – Trump and seeks revenge through various means for winning the 2016 presidential election

    Ahab – “All my means are sane, my motive and my object mad.”

    Act III

    Moby – Trump having escaped Ahab’s repeated attempts at revenge loses the 2020 presidential election

    Ahab – “Talk not to me of blasphemy, man; I’d strike the sun if it insulted me.”

    Act IV

    With the 2024 presidential election on the horizon The Orange Whale Moby – Trump surfaces and is once again seen within the sight of Ahab’s ideological spyglass.

    The USS Banana Republic sets sail on a revenge tinted pretextual fishing expedition with Ahab at it’s helm.

    Ahab – “Towards thee I roll, thou all-destroying but unconquering whale; to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee. Sink all coffins and all hearses to one common pool! and since neither can be mine, let me then tow to pieces, while still chasing thee, though tied to thee, thou damned whale! Thus, I give up the spear!”

    Epilogue

    The once was Republic is left looted and divided. Its citizens sit in stunned deprivation and silence as the carnival barker and witting participants leave the stage and props are stowed.

    Final Act

    2024 Presidential Election?

    Dear Citizen – Are ye not entertained?

  13. Trump in 2024. That will make 9 years that the dims will be chasing Donald Trump.

  14. The aim of the DOJ (Democrats) in this raid was clear from the start. There will really won’t be any due process here – there will be a grand jury (totally rigged), Trump will be indicted (for various crimes), and he will be arrested. They will probably perp-walk him at 3:00 a.m. at some point, for all the public to see on left-wing media on that morning. The entire purpose of this? The answer is very clear – there is NOTHING the Democrats won’t do to prevent another Trump term in office. There are no lines they won’t cross, or lies they won’t tell. This is where we are in the country now, and it’s becoming more and more clear that there may be only one way to stop it.

    1. Speaking of lies they yell reminds me of the fake electors Trump’s cronies manufactured to create a false justification for overthrowing the 2020 election results. But keep calling the other side liars all you want, it just makes you look like one who easily believes lies being told on your side.

  15. The idolatry of Donald Trump has led to fascist followers who want to destroy this nation’s democracy in servitude to Wall Street. They are too blind to see that they are straining out the gnat while gulping down the camel. SCOTUS overturning Roe was the first of many freedoms to be taken away. I now clearly recognize US & NATO as the last kingdom prophesied in the Bible book of Daniel. It is also the beast of Revelation through which “no one can buy or sell” without its approval. We see that in its use of sanctions against any State that doesn’t bow to its wishes. 666 signifies it is a Goliath who stood six cubits, had six fingers and toes, and whose sheath was six cubits. It haa fear inspiring and unconquerable presence. But when he hears reports, be they true or false, he goes forth in a rampage towards the North(Russia?) and the East(China?) but he comes all the way to his finish.

    1. I am not religious in the slightest, but how can you use the return of the abortion question to the states as a biblical sign of doom? In what universe would the Bible have seen the right to abort an unborn baby as a freedom, without which some end times would follow?

      I mean, respect, but seems like you just are looking for reasons and are willing to connect totally incompatible dots to get the picture you want. Right?

      1. The prophecy states that the last kingdom will show no regard for god/desires of women. He shows no regard for the god of his forefathers or any other god. It only sees itself and gives recognition only to those who bend the knee to it. Those who recognize it are given land and treasure in return. It tramples the earth. It seats itself in the beauteous land, That is no wonder because the harlot who rides the beast is Jerusalem. Although our government has long acknowledged Jerusalem as Israel’s capital, Trump officially stated our embassy be moved to Jerusalem from Tel Aviv. Ultimately, this last kingdom will be the cause for the complete destruction of Jerusalem.

        Sorry. I get carried away when talking about these things.

      2. Also, the reason I say they strained out the gnat when overturning Roe in so-called defense of life, they were only able to do so by aligning themselves to corporate interests which are destroying the earth’s ability to sustain all life. They gulped down the camel. Jesus threw the moneychangers out of the temple courtyard and the religious right restored them to it, all for the sake of their own self-righteousness as they sit in judgment against women and homosexuals. They reckoned no one to the compassion of the Christ nor the love of gods. They only reckoned them for their own unfaithfulness.

    2. KID You need to research up on Ahab, Jezebel, and Baal sacrificing children and for get the abominable Roe _ V _ Wade issue defigmented from said brain.

  16. Since 2016, everything the Democrats have accused Trump of doing has actually been proven to be done by the Democrats. I am convinced the inspiration for the pee pee tape hoax was the real world video life of Hunter Biden. Trump profiting from his position by selling out to hostile foreign actors/governments? Nope. Once again, that has proven to be the Bidens. Fang Fang – Swalwell ring a bell?

    So now, when Trump is alleged to have committed espionage, we had better look immediately at the current President and the Democrats. Lastly, there is no way Trump and his attorneys didn’t preserve documents/evidence they had to prove how the DOJ/FBI/IC Democrats undermined his Presidency.

      1. Neither did Donald Trump. Show us the evidence, please, as we are all innocent until proven beyond a doubt guilty of anything.

          1. Random trolls never seen here before inspire all of the confidence of having been hired by a troll farm to troll a particular article, never to be seen again. You aren’t fooling or convincing anyone, just taking up space and causing annoyance. I’m pretty sure after reading your first comment everyone is just scrolling through your very much grade-school level taunts. Yawn.

      2. Since you apparently know exactly what documents were retrieved, could you please provide the rest of us withthe entire list.
        Thank you in advance for your assistance and attention to this matter.

    1. American Hating Commies grew in thick in the absences of people like Joe McCarthy chasing them out.

      ***********

      Liz Cheney’s Husband’s Law Firm Not Only Represents Companies Linked to China’s Military, the Firm with Close Ties to Democrats Represents Hunter Biden Too
      By Joe Hoft
      Published August 14, 2022 at 7:45am
      298 Comments
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      Gettr Gettr

      TGP reported previously that Liz Cheney’s husband is a partner at a law firm that represents companies linked to China’s military. Come to find out this same law firm represents creepy sick Hunter Biden.

      More……..

      https://www.thegatewaypundit.com/2022/08/liz-cheneys-husbands-law-firm-not-represents-companies-linked-chinas-military-firm-close-ties-democrats-represents-hunter-biden/

  17. “. . . the sweeping language used in the warrant.”

    Tyrants always use language that is nonobjective, malleable, overly broad. Then they use that language as a rationalization to usurp power. (See, for example, the Covid diktats.)

    It would be more honest if the warrant read: “Take whatever you want.”

    Or: “Take whatever you feel might help us get Trump.”

    Still believe that there is not within the FBI a Praetorian Guard, executing the Left’s wishes?

    Still believe that the DOJ is not now the creator and prosecutor of political “criminals?”

    If so, then you are either incredibly naive, or an apologist for tyrants.

  18. First they spied on his campaign, using illegal warrants. Then they tried to impeach him twice on fabricated evidence. Then they concocted an illegitimate committee to “investigate” his supporters. Now they’re setting him up with fake espionage charges. The Deep State, with the Democratic party as its useful idiots, has thrown everything they have at Trump, but has never been able to make any of it stick. In the meantime, they’ve saddled the country with a mentally and morally defective president who has wrecked the economy, foreign relations, and world peace. Robotic Democrats think he’s doing a great job, and will inevitably manipulate elections in 2022 and 2024 to keep their hold on power. At least they’ll try. When enough Americans wake up from their politically induced coma and see the wreckage, maybe things will change.

  19. Concerns in this matter should be about process. I know of situation which occurred years ago regarding a suspicion of tax fraud. The IRS ‘raided’ a business office, confiscated all the files, shut down their entire interstate operation which, overtime, completely resulted in the collapse of the business enterprise. The end result of all of this were no findings of guilt and a business and lives ruined with no recourse at law to recover for damages and re-establish what was once a thriving enterprise. We’re one corrupt FBI, one corrupt DOJ, and one’ Lois Lerner Corrupt’ and 87K stronger IRS down the road from the same, and we ought not to be tolerant of these Gestapo tactics and modern day Einsatzgruppen.

    1. Remember Arthur Anderson (one of the then Big 6 accounting firms)?

      Driven into liquidation (with many thousands losing their jobs) by government attacks.

      Judge later ruled that the government was wrong.

      Not even a “Whoops, me bad” from any of the government players.

      And no personal consequences to the government actors.

      1. RE:” And no personal consequences to the government actors. ‘Holy ‘John Wick’, Batman!!” A brilliant choice for example Those who need a refresher about Andrew Weissman, the architect of the Anderson downfall, and moral and unethical reprobate, should read the contents of the link I posted. To borrow from popular culture…”this is the man you send to kill the Bogeyman!!” In my opinion, HE was Robert Mueller, but nobody cared to open that casket. https://en.wikipedia.org/wiki/Andrew_Weissmann

      2. Monument, the bad actors from Andersen remained active despite their behavior. That permitted those still available to do it all over again with Trump.

    2. ZZDoc,
      You are correct. This has everything to do procedure and the lack of due process and the time honored decorum of respect of the office of the President of the United States.

      I fear that in blind hatred and corruption the bad apple leadership at the DOJ and FBI have run afoul of civil rights due every citizen. If they can go this far with intimidation methods with a President of the United States, it won’t be long before they fear no one and can do the same to any American citizen.

      The ACLU, in their heyday would have been all over these rogue power drunk agencies. The ACLU have apparently gone over to the dark side. Where are they?

      This concentrated core of hooligans, “whet their tongues like a sword” are slick and evasive. They are a stain on the reputation on rank and file law enforcement officers and on civil rights.

      Their actions are surprising and concerning.

    3. ZZDoc, whenever I see DOJ injustice, I think of Howard Root. In the past I posted his lecture, chilling, to say the least. Here is his letter to his prosecutors sometime after his win.

      DOJ prosecutors: ” (an arrogant greed for winning rather than the attainment of justice)” plus how the company fared afterward along with Bud, Christina, and Tim. Goodbye American industry.

      Dear Bud, Christina and Tim:

      I thought I would remind you of our upcoming anniversary. On February 26, it will have been five years since the day the jury returned its unanimous “not guilty” verdict on all 10 counts of your misguided criminal prosecution of me and Vascular Solutions. Forgive me if I don’t send you a present.

      Calling it “misguided” is as generous as I can be – others have called it much worse. You might have heard that, right after the verdict, one of the jurors contacted me to give me her view of your prosecution. “What the federal government did to you, your company and your employees is nothing short of criminal,” she emailed. When I called to thank her, she said she wanted me to get back to business and for you three to be fired. As damning as that is, it’s even worse when you remember that the only testimony she heard was from your witnesses, since we never called any of ours to testify at trial.

      Then, a few months after the verdict, I heard from your never-testifying but frequently­ in-court expert witness, Dr. Robert E. Lee. When I asked Dr. Lee what he thought about your case, he told me that he didn’t have anything bad to say about Vascular Solutions, our medical devices or our FDA clearances. It was then I finally realized why you never called Dr. Lee to testify, but now I’m disgusted you failed to disclose his exonerating expert opinion as required by law, and instead decided to carry on with your misguided prosecution.

      You also might have heard that our trial judge, Royce Lamberth, discussed our case a few years ago at the FDLI Annual Conference. In his remarks, Judge Lamberth commented on the same issue that our lawyers at King & Spalding explained to you in multiple letters and conversations before trial — that you were pursuing a prosecution for off-label promotion of an arguably on-label use. As explained by Judge Lamberth:

      [I]t was very difficult for the government to get a guilty conviction after their primary witness and a high level FDA employee — along with many others, I should add — testified that the device’s previously approved indication could be interpreted to include perforator veins.

      After getting those reactions, I was optimistic that someone from DOJ would eventually investigate your misconduct to prevent what almost happened to Vascular Solution from happening to others. It’s sickening to realize how few Americans could withstand your type of assaults, grossly incompetent as they were, merely because they can’t afford to spend the $25 million I spent to stop your destruction of my business and me.

      As you know, I didn’t just sit back and wait for DOJ to start investigating your misconduct. Instead, I had my King & Spalding lawyers, all former federal prosecutors, request an OPR and OIG investigation. But after a lengthy wait with no request for additional evidence, I learned that an investigation of prosecutorial misconduct by an office staffed by career prosecutors will almost always result in summary dismissal, which it did here.

      I then approached Sens. Grassley and Lee and asked them to send a letter to DOJ requesting a specific investigation of your unauthorized disclosure of confidential grand jury testimony and your abusive threats to witnesses. But it seems that even high-ranking Senators requesting a misconduct investigation are entitled to no more than a cursory rejection from DOJ.

      As you’re also probably aware (but almost certainly haven’t read), I wrote and published the book Cardiac Arrest describing your misguided prosecution. So far, my book has sold over 10,000 copies in all formats, and I’ve given over 100 talks to groups on our case. Because of this publicity, you can rest assured that your failures in the courtroom will live forever in the minds of many, and your failed prosecution will follow you forever on Google and Amazon.

      One thing you might be surprised to hear is the most-asked asked question I receive after giving my talk. That question is, “why would DOJ prosecutors act this way?” My answer is to explain the motivations of many career prosecutors (an arrogant greed for winning rather than the attainment of justice) and the lack of effective DOJ supervision. More than one former prosecutor approached me after my talk to say that I had that answer exactly right, but they could never say that in public for fear of retaliation from their former colleagues.

      I have to give you credit for accomplishing at least one of your goals. After experiencing your abuse, and even after winning a complete exoneration, I returned to Minnesota with no desire to continue to run my medical device company. As soon as I got back, I knew that I needed to get out, because I realized that if I continued, this could happen again. So in 2016 I hired an investment banker and sold Vascular Solutions for $1 billion, and then I retired from medical device development at the age of 56.

      What happened next was as predictable as cold is to a Minnesota winter. The large medical device company that paid the highest price to buy Vascular Solutions (as a public company CEO, I had to maximize shareholder value) slashed our R&D projects, eliminated our apprentice program and moved manufacturing jobs to Mexico in order to increase short-term profit. Not a single new medical device has been developed since I left the company four years ago (we launched between five and 10 each year when I was CEO), and many of our employees have lost their jobs while opportunities for new college graduates to enter the medical device world have been eliminated. Congratulations, your mothers must be very proud of your accomplishment.

      After selling Vascular Solutions, for financial reasons I didn’t need to find a new job, but I’ve stayed busy with a business/hobby of starting and now selling an electric boat company. I’ve also spent time advising criminal defendants to help them navigate their pathway through the criminal injustice system. I’ve enjoyed this advisory role so much that I’m now in the process of re-activating my law license so I can work more closely with defendants on a pro bono basis to defeat malicious prosecutions like yours.

      Alas, I doubt I’ll ever see Bud in the courtroom again, now that he’s become an immigration judge. But I’m pleased that Bud’s legendary abusive rants will be limited to immigration cases now, and, since he’s the judge and not one of the lawyers, he won’t be able to ditch his work to others and slither to the back of the courtroom as the case implodes, just as he did in our case to the point he was hard to spot in the gallery during your closing arguments.

      I might encounter Christina in the courtroom once again, now that she’s been promoted to Criminal Division Chief at the U.S. Attorney’s Office in the Western District of Texas. While her outstanding work ethic justifies her promotion, her lack of ethics by personally attacking my sales reps for making money in a FOR-PROFIT medical device company while living in a huge house paid for by a husband who was making even more money as a physician in a FOR-PROFIT medical practice should have disqualified her from any unsupervised position in justice.

      Last, but certainly not least, I see that Tim is still working as a Trial Attorney in the Consumer Protection Division of DOJ. I sincerely hope that in the last five years Tim has gotten the professional help he needs. I’m no psychiatrist, but based on what everyone in the courtroom saw as he delivered his “bamboozled” closing rebuttal (now immortalized in my book), Tim was crying out for an intervention. I can’t comprehend how Tim could continue to work in a criminal prosecution role without receiving frequent and deep professional counseling.

      Finally, I want to make one request. Now that five years has passed and all of the misconduct investigations have been swept away, there’s no remaining obstacle to a public discussion of went wrong with your prosecution. While I haven’t checked, I’m relatively certain the organizers of the National Institute on Health Care Fraud would still feature our case for a deep dive at their next annual meeting, especially since they rarely get a case where the defendant wins a complete exoneration. I’ll pay my way to the conference and will give you (or y’all for the Texans) a full release to say whatever you want about me, I know my lawyers will attend, so all that’s needed is for you to say yes and for DOJ to finally stop blackballing me from presenting at any conference attended by a DOJ employee. After five years, don’t you think it’s finally time to tell your side?

      I look forward to a reply from at least one of you.

      Happy anniversary,

      Howard

      https://www.powerlineblog.com/archives/2021/02/howard-root-a-letter-to-my-prosecutors.php

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