The “equitable sharing” civil forfeiture program (see weekend post) being just one of the more visible corners of a whole scaffolding of bad incentives in law enforcement:
For those of you following the politicized Wisconsin John Doe prosecution — which basically is premised on the idea that even issue advocacy is criminal if coordinated among the wrong people — this report from veteran legal analyst Stuart Taylor, Jr. is pretty amazing. [Legal NewsLine, my two cents from May, more]
More: Ann Althouse parses the response of John Chisholm’s lawyer.
On July 24 Cato held a book forum on Sidney Powell’s new book, “Licensed to Lie: Exposing Corruption in the Department of Justice” (earlier). Participants included the author Sidney Powell, with comments by Alex Kozinski, Chief Judge, U.S. Court of Appeals for the Ninth Circuit; and Ronald Weich, Dean, University of Baltimore Law School. My colleague Tim Lynch, who directs Cato’s work on criminal justice issues, moderated. From the description:
In Licensed to Lie, attorney Sidney Powell takes readers through a series of disturbing events, missteps, and cover-ups in our federal criminal justice system. According to Powell, the malfeasance stretches across all three branches of our government — from the White House to the U.S. Senate, to members of the judiciary. Even worse, the law itself is becoming pernicious. Americans can now be prosecuted, convicted, and imprisoned for actions that are not crimes. And if acquitted, there is no recourse against prosecutors who hid evidence vital to the defense.
Powell gives a detailed account of the prosecution and imprisonment of individual executives of well-known firms such as Merrill Lynch based on creative new theories of criminal liability, following dubious prosecutorial conduct including the withholding of evidence favorable to the defense, so-called Brady violations.
For Daniel Taylor to be convicted of a murder committed while he was actually behind bars, at least three things had to happen: 1) a supposed confession extracted by Chicago police; 2) a conveniently corroborative sighting of Taylor at the scene by another cop; 3) improper withholding of exonerating evidence by the Illinois prosecutor. A Center on Wrongful Convictions video (via Balko)(& welcome Above the Law readers).
A federal judge has quashed the stunningly abusive “John Doe” proceedings that had resulted in midnight raids on the homes of leading conservative activists across the state. I’ve got more in a new Cato post; fuller coverage at the Milwaukee Journal Sentinel, Watchdog.org (and series), and the decision itself is here. Earlier coverage here, here, and here. I conclude:
The citizens of Wisconsin must now demand a full accounting of how these raids could have happened. They should also insist on changes in state law, in particular the “John Doe” law, aimed at ensuring that nothing like them ever happens again.
Update: Seventh Circuit panel stays ruling pending appeal.
After 17 months the federal government has released heavily redacted information in response to a FOIA request, shedding new light on the probe into the systematic abuses committed by Sheriff Joseph Arpaio and allied county D.A. Andrew Thomas. We’ve been covering them for years. [Arizona Republic, auto-plays]
A secret special prosecutor wielding “kitchen-sink” subpoenas takes aim at persons and groups who supported Wisconsin Gov. Scott Walker in his recent showdown with public employee unions. “The probe began in the office of Milwaukee County Assistant District Attorney Bruce Landgraf, though no one will publicly claim credit for appointing Mr. Schmitz, the special prosecutor. The investigation is taking place under Wisconsin’s John Doe law, which bars a subpoena’s targets from disclosing its contents to anyone but his attorneys. … [Wisconsin Club for Growth director Eric O'Keefe] adds that at least three of the targets had their homes raided at dawn, with law-enforcement officers turning over belongings to seize computers and files.” [WSJ "Review and Outlook"]
“Citing the ‘grotesque’ misconduct of federal prosecutors, a judge on Tuesday granted a new trial for five former New Orleans Police Department officers convicted in the deadly shootings at the Danziger Bridge after Hurricane Katrina and the subsequent cover-up.” [Juliet Linderman, New Orleans Times-Picayune, embedded PDF; earlier here, here, etc.]
More: J. Christian Adams (why no consequences for supervisor in Department of Justice’s Civil Rights Division?), Stephen Gillers.
The Massachusetts attorney general is now running for governor of the state after losing a Senate run three and a half years ago, so this makes a good occasion to revamp a 2010 post slightly so as to remind readers of Coakley’s central role in the Amirault travesty of justice, described so well by Dorothy Rabinowitz here. Earlier on the Amirault case here and here; on Coakley’s prosecutorial record here. More: John Stossel and (via Memeorandum): Bronwyn’s Harbor, No Quarter (citing views of Jeralyn Merritt/TalkLeft); Dan McLaughlin, RedState; Dan Riehl (Woodward, Souza cases). Yet more: on Coakley’s offer to a deal to one defendant on condition that the experienced defense counsel handling the deal agree not to represent a second defendant in future, see Scott Greenfield (characterizing the move as “a deliberate effort to undermine the constitutional right to counsel”), Kenneth Anderson/Volokh, and John Steele/Legal Ethics Forum. In 2010 we wondered whether Coakley’s Senate-race nosedive under critical public and press scrutiny amounted to the first time a Massachusetts prosecutor had paid a price for being wrong in the Amirault episode.