Monday, January 07, 2008

Boston’s Chief Judge: OPR Isn’t Doing Its Job

From Emptywheel:



The Chief Judge in Boston just sent Michael Mukasey a letter suggesting DOJ's process for investigating and responding to misconduct from government prosecutors isn't working.


The chief federal judge in Boston has urged the new US attorney general to crack down on prosecutors who commit misconduct and to force Justice Department lawyers to be truthful in court.


Chief Judge Mark L. Wolf, in an extraordinary letter to Attorney General Michael B. Mukasey, skewered the Justice Department's mild and secret discipline of Assistant US Attorney Jeffrey Auerhahn in 2006 for misconduct that Wolf said required him to order the "release from prison of a capo and associate of the Patriarca family of La Cosa Nostra."


After a closed disciplinary hearing, US Attorney Michael J. Sullivan gave Auerhahn a letter of reprimand for withholding evidence while handling a racketeering case in the 1990s against members of the New England Mafia.


"The [Justice] Department's performance in the Auerhahn matter raises serious questions about whether judges should continue to rely upon the department to investigate and sanction misconduct by federal prosecutors," wrote Wolf, who last July, after expressing frustration with his punishment, took the unusual step of asking the Massachusetts Board of Bar Overseers to launch disciplinary proceedings against Auerhahn.


Wolf also wrote that "the department's failure to be candid and consistent with the court has become disturbingly common in the District of Massachusetts."

1 comment:

airJackie said...

Alot of career lawyers feel hurt by the way our Justice System is being destroyed. Just to set and watch the Attorney General of the United States lie under oath and say he can't remember 71 times is to much. Most of the lawyers and Judges have devoted their lives to serve Justice and to watch these so called lawyers become worse then the criminals is to much. We now have a once respected Judge Mikie as AG who is following in the foot steps of Gonzales.

What this Chief Judge is saying is once we have no honest Justice System we have no order or control. Our Founding Fathers set up the System of Law after seeing what happen when their was none. The foundation of the US is the Legal System and that Foundation is now broken.