Bar complaints filed against Yoo, Bybee, Addington, Ashcroft, Gonzales, Mukasey, 6 others

Justin Blum at Bloomberg (h/t Zachary Roth at TPMMuckraker) reports that state bar complaints have been filed against twelve Bush administration lawyers involved in the authorization and sanctioning of torture by the United States of America, including two attorneys, Alberto Gonzales and John Yoo, whose disbarments I have long been advocating. [A complete list of the grieved attorneys – with links to the complaints – is included at the end of this post]. See also these reports by UPI, CNN and Scott Shane at NYT. Upon signing and filing the complaints on behalf of VotersForPeace (donate here ) and a coalition of organizations led by Velvet Revolution, attorney Kevin Zeese, Executive Director of VotersForPeace, stated in part:

Today, we filed complaints with the District of Columbia Bar and with four other states seeking the disbarment of 12 Bush-Cheney torture lawyers. These lawyers misused their license to practice law to provide legal cover for the war crime of torture. This misuse of their license requires the bar association to disbar them or the bar will become complicit in torture.

Complaints have been filed against: John Yoo, Judge Jay Bybee, and Stephen Bradbury who authored the torture memoranda. As well as attorneys who advised, counseled, consulted and supported those memoranda including Alberto Gonzales, John Ashcroft, Michael Chertoff, Alice Fisher, William Haynes II, Douglas Feith, Michael Mukasey, Timothy Flanigan, and David Addington. These detailed complaints, with over 500 pages of supporting exhibits, have been filed with the state bars in the District of Columbia, New York, California, Texas and Pennsylvania, and they seek disciplinary action and disbarment. …

This cadre of torture lawyers colluded to facilitate the abuse and torture of prisoners (detainee) that included, evidence suggests, deaths at overseas U.S. military facilities. Human Rights Watch reports 98 deaths of people in custody of the United States in Iraq and Afghanistan. Making torture even worse in this case is that it was used to try and get information to tie Saddam Hussein to al Qaeda – a relationship that did not exist – as well as information about non-existent weapons of mass destruction in order to justify the illegal invasion and occupation of Iraq.

We have asked the respective state bars to revoke the licenses of these attorneys for moral turpitude. They failed to show “respect for and obedience to the law, and respect for the rights of others,” and intentionally or recklessly failed to act competently, all in violation of legal Rules of Professional Conduct. Several attorneys failed to adequately supervise the work of subordinate attorneys and forwarded shoddy legal memoranda regarding the definition of torture to the White House and Department of Defense. These lawyers further acted incompetently by advising superiors to approve interrogation techniques that were in violation of U.S. and international law. They failed to support or uphold the U.S. Constitution, and the laws of the United States, and to maintain the respect due to the courts of justice and judicial officers, all in violation state bar rules.

Torture is illegal under United States and international law. It is illegal under the U.S. Constitution, domestic law and international treaties to which the United States is a party.

* * *

The torture memoranda did not provide objective legal advice to government decision-makers, but instead twisted the state of the law so that it was unrecognizable. They were so inaccurate that these memoranda are more justifications about what the authors and the intended recipients wanted the law to be, rather than assessments of what the law actually is.

* * *

We decided to take action today because the federal government seems unable and unwilling to act. The Department of Justice’s Office of Professional Responsibility has taken nearly five years to complete its report, as some of the memoranda at issue became public in June 2004. Further, this OPR investigation is focused only on two lawyers, John Yoo and Jay Bybee rather than all those involved. This inexcusable delay is unfair to the public because the consequences of any wrongdoing are diminished. The delay has already benefited the two men under investigation, John Yoo now has tenure at Berkeley law school and Jay Bybee now has a lifetime appointment as a federal court of appeals judge. If OPR had completed its duties in a timely manner it is unlikely that either appointment would have been made.

In addition to inaction by OPR, the Congress where select Members were briefed 40 times by the CIA, seems unable to take action because of fear of its own complicity being exposed. And, Attorney General Eric Holder, has now testified that he approved renditions – which results in prisoners being tortured by other countries at the behest of the United States – during the Clinton administration. And, sadly, the President of the United States has now decided to hide evidence of war crimes by refusing to release photographic and video evidence despite a court order to do so. Finally, the administration is appointing General McChrystal to be the head of operations in Afghanistan despite being responsible for commanding Fort Nama in Iraq as well as special forces involved in torture[.]

* * *

Therefore, the people must act to face up to this issue and restore morality and Rule of Law to the United States. In addition to filing these complaints we are starting a campaign for disbarment, public torture hearings and for the appointment of an Independent Prosecutor. People who want to get involved are urged to go to DisbarTortureLawyers.com and VotersForPeace.us.

Only by taking torture out of politics and allowing an independent prosecutor to pursue the facts and apply the law will the United States recover from these war crimes. Application of the rule of law, beginning with disbarment, is a necessary part of the process of healing the nation.

The Velvet Revolution statement regarding the filing of the complaints adds, in part, that:

The individually tailored complaints allege that the named attorneys violated the rules of professional responsibility by advocating torture. The memos written and supported by these attorneys advocating torture have now been repudiated by the Department of Justice, the White House, the Department of Defense and other experts in the field. The recently released Senate and Red Cross reports on detainee treatment provide uncontroverted evidence that the torture techniques advocated by the attorneys were used on human beings over an extended period of time. We have also sent a letter to House Judiciary Chairman John Conyers, asking that he initiate impeachment proceeding against Jay Bybee, who is now a sitting federal judge. The evidence is clear that, during his confirmation hearings, Mr. Bybee misused the classified status of his torture memos to portray a false picture of his legal history. Several Senators have stated publicly that Mr. Bybee would not have been confirmed if they had been aware of his torture memos. The bar complaints have been signed by our board attorney, Kevin Zeese, who also directs the Campaign for Fresh Air and Clean Politics, and Voters for Peace.

We ask other organizations to sign on to this campaign by sending an email to DisbarTortureLawyers@velvetrevolution.us. Individuals can sign on using the form below. This campaign will include a broad public relations push so we urge everyone to spread the word and for the press to contact us for comment and interviews.

You can make targeted donations to this campaign at with an earmark comment in the box at http://www.velvetrevolution.us/donate.php.

The complaints were filed against the following attorneys:

Links to the complaints can also be found at Velvet Revolution here, where you will find a Sign On Form to add your name to the campaign as well as links to the exhibits attached to the complaints, the released torture memos and other information.

Updated 05-19-09 to correctly identify William James Haynes II (instead of Michael Haynes) as one of the dirty dozen torture lawyers.  (h/t earlofhuntingdon)

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Leura Garrett Canary

Crossposted at Oxdown Gazette.

Personal Information: Leura Garrett Canary

  • Name: Hon. Leura Garrett Canary
  • Employment: United States Attorney for the Middle District of Alabama
  • Address: P. O. Box 197, Montgomery, AL 36101-0197
  • Phone: (334) 223-7280
  • Date Admitted: September 25, 1981
  • Law School: University of Alabama

Leura Garrett Canary was nominated by Pres. George W. Bush to be the United States Attorney for the Middle District of Alabama. Since assuming this position in September 2001, Mrs. Canary has failed to adhere to even the most basic tenets of professional conduct required of her by her membership in the Alabama State Bar, beginning with the Preamble to the Alabama Rules of Professional Conduct which states, in part, that

A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process. [Emphasis supplied.]

The following analysis establishes that Mrs. Canary has violated her obligations under the Alabama Rules of Professional Conduct by her continued participation in the prosecution of Gov. Don Siegelman after her supposed recusal from the matter and that her conduct raises a substantial question as to her honesty, trustworthiness and fitness to practice law. Specifically, Leura Garrett Canary violated the following Alabama Rules of Professional Conduct:

  1. RULE 1.16 DECLINING OR TERMINATING REPRESENTATION
  2. RULE 3.3 CANDOR TOWARD THE TRIBUNAL
  3. RULE 3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL
  4. RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL
  5. RULE 3.6 TRIAL PUBLICITY
  6. RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR
  7. RULE 4.1 THRUTHFULNESS IN STATEMENTS TO OTHERS
  8. RULE 5.1 RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER
  9. RULE 5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER
  10. RULE 8.3 REPORTING PROFESSIONAL MISCONDUCT
  11. RULE 8.4 MISCONDUCT

Statement of Facts

On November 7, 2008, Rep. John Conyers, as Chairman of the House Committee on the Judiciary, and Rep. Linda Sanchez, as Chair of the Subcommittee on Commercial and Administrative Law, sent a letter to Attorney General Michael Mukasey in which they succinctly set forth the facts under which Mrs. Canary – allegedly – recused herself from the prosecution of Gov. Don Siegelman:

Department of Justice records show that United States Attorney Leura Canary recused herself from the Siegelman case on May 16, 2002. According to the Acting United States Attorney responsible for the case, “In May 2002, very early in the investigation, and before any significant decisions in the case were made, U.S. Attorney Leura Canary completely recused herself from the Siegelman matter, in response to unfounded accusations that her husband’s Republican ties created a conflict of interest.” [Footnote] 15 Mr. Franklin further explained that “Ms. Canary had no involvement in the case, directly or indirectly, and made no decisions in regards to the investigation or prosecution after her recusal. Immediately following Ms. Canary’s recusal, appropriate steps were taken to ensure the integrity of the recusal, including establishing a ‘firewall’ and moving all documents relating to the investigation to an off-site location. [Footnote] 16 On October 5, 2007, Mr. Franklin stated again “[Leura Canary’s] recusal was scrupulously honored by me.” [Footnote] 17 These statements have been repeated many times and have been relied on by defenders of the Department’s handling of this politically-sensitive matter.

[Footnote] 15 July 18, 2007, Statement of Acting United States Attorney Louis Franklin, available at http://blog.al.com/bn/20007/07/middle_district_of_alabamas_re.html

[Footnote] 16 July 18, 2007, Statement of Acting United States Attorney Louis Franklin, available at http://blog.al.com/bn/20007/07/middle_district_of_alabamas_re.html

[Footnote] 17 October 5, 2007, Statement of Acting United States Attorney Louis Franklin, available at http://www.wsfa.com/global/story.asp?s+7176844&ClientType=Printable

On May 16, 2002, Mrs. Canary clearly and unequivocally declared that she had recused herself from the prosecution of Gov. Siegelman stating in this press release that:

As to any matters pertaining to any current investigation of state officials or matters of state government which may or may not be underway, the Department of Justice has advised me that no actual conflicts of interest exist. However, out of an abundance of caution, I have requested that I be recused to avoid any question about my impartiality.

It is of the utmost importance to me, as a United States Attorney, that the people in the Middle District of Alabama and throughout the State have confidence in the manner in which matters are handled by me and by the office I serve and that no one has a basis under which to question the integrity of any investigation undertaken by my office. To that end, the Department has assigned responsibility for the supervision of any investigation regarding state officials or matters of state government to First Assistant United States Attorney Charles R. Niven.

Scott Horton, a contributor to Harper’s Magazine and author of the weblog No Comment for Harper’s website, has been following the prosecution of Don Siegleman and has written extensively on the subject. In his article September 14, 2007 article The Remarkable ‘Recusal’ of Leura Canary, Prof. Horton identified two material misstatements that raise the question of Mrs. Canary’s honesty regarding her recusal from the case:

I question the honesty of Leura Canary’s statement. First, it makes the claim–continuously repeated–that Mrs. Canary took this step on her own initiative. In fact she took it because of the request that attorney Johnson filed with the Justice Department, which launched an independent look at the matter.

Second, Mrs. Canary says that the Justice Department told her that she was okay from a conflicts perspective. I put the question to two prominent legal ethicists: would the facts I presented require Mrs. Canary’s recusal from the investigation of Governor Siegelman? Answer: “this is not a borderline or close case. Under the facts you outline, Mrs. Canary violated the canons of ethics by undertaking and handling the investigation of Governor Siegelman for the period up to her recusal.” Do you believe that a Department of Justice Office of Professional Responsibility officer would have advised Mrs. Canary that there was “no actual conflict.” Answer: “The standard that applies is whether there would be an ‘appearance of impartiality,’ not ‘actual conflict,’ so the Canary statement misstates the rule. Nonetheless, here the situation passes far beyond ‘appearance of impartiality’ and reaches an actual conflict. The advice she suggests could not have been competently rendered. It would be very interesting to know who at Justice gave such advice.” …

As far back as September 2007 when he published his article, Prof. Horton questioned whether Mrs. Canary had recused herself in fact and not just in word, noting that Mrs. Canary’s statement that she recused herself is only the beginning of the discussion:

And third, the press statement says she recused herself. But did she?

The question then became follow-through. Career senior Justice Department officials tell me that when a U.S. Attorney recuses him- or herself, there is a standard procedure followed: a conflict of interest certification is prepared and submitted in the matter; a certificate of divestiture is prepared and submitted; “502 determinations” are prepared; there is also other ordinary documentation such as a formal appointment of an acting U.S. attorney to handle the matter, transmittal documentation and the like. The normal process, as I am told, is that a neighboring U.S. Attorney is appointed to handle the matter, usually with support of career professionals who would otherwise report to the recused U.S. Attorney.

I can find no evidence that any of these standard procedures were followed. Instead, according to public statements, a member of Mrs. Canary’s staff was appointed to handle the matter. In fact the person she designated was her principal prosecutor; that is, someone whose career and advancement was dependent directly upon her evaluations, not those of an intermediate staffer. When I reviewed this with a career senior Justice Department official I was told: “That’s very odd, and it violates the basic recusal rules. If the recused U.S. Attorney has appointed one of her staffers, without the supervision of another U.S. Attorney, then she has not really recused herself at all. The staffer operates in her office, under her apparent supervision, subject to her performance evaluations, and receiving her paychecks. The idea that the U.S. Attorney is recused and that the staffer is running the show would be a difficult sale to anyone with eyes and possessed of a brain.” Precisely. The ploy only works when the local media report it and don’t ask any questions or use their analytical faculties.

In September of 2007, the evidence that Mrs. Canary had not recused herself in fact from the prosecution that was available to Prof. Horton was limited to Mrs. Canary’s involvement in several press opportunities:

When charges were announced against Siegelman at a press conference convened in Montgomery, Noel Hillman traveled down to Montgomery to deliver the message (stating, ironically as it turns out, “Public Integrity does not do politics”), and there with him stood Leura Canary. Similarly, as the case proceeded, Leura Canary did not keep any distance from it. She gave interviews to the Los Angeles Times and to the Montgomery Advertiser about the case. Not the conduct of a ‘recused’ U.S. Attorney. [As of November, 17, 2008, linking to the Montgomery Advertiser from the link in Prof. Horton’s article returns a page that states that ‘The article requested can not be found!’]

However, as Rep. Conyers and Rep. Sanchez explain in their letter to Attorney General Michael Mukasey, documents – obtained by both Prof. Horton and Adam Zagorin – have surfaced that establish that Mrs. Canary did not, as a matter of fact, recuse herself from the prosecution of Gov. Siegelman:

Ms. [Tamarah] Grimes[, an employee of the United States Attorney for the Middle District of Alabama,] has provided several emails[*] casting serious doubts on these assertions, however. The most significant of these emails is a September 19, 2005, email from Ms. Canary to Acting United States Attorney Franklin, Assistant United States Attorneys Feaga and Perrine, First Assistant United States Attorney Patricia Watson (whose last name was Snyder at this time), and criminal legal assistant Debbie Shaw. This email was sent at a critical time in the Siegelman/Scrushy case – Mr. Siegelman had been indicted, although that fact had not been revealed to his attorneys, and the Government was preparing a superceding indictment that would be publicly revealed the following month.

In this email, Ms. Canary forwards an article regarding the Siegelman case and writes: “Ya’ll need to read because he refers to a ‘survey’ which allegedly shows that 67% of Alabamians believe the investigation of him to be politically motivated. (Perhaps grounds not to let him discuss court activities in the media?) He also admits to making ‘bad hires’ in his last administration.” [Footnote] 18

This email raises obvious questions about the degree to which Ms. Canary honored her recusal from this case. A recused United States Attorney should not be providing factual information such as relevant news clipping containing a defendant’s statements to the team working on the case under recusal. And this email does not just show Ms. Canary forwarding and article – it reflects her analyzing the article and highlighting certain facts. And most troubling of all it contains a litigation strategy recommendation – that the prosecution should seek to bar Mr. Siegelman from speaking to the media. We note too that it was sent only to members of the Siegelman/Scrushy prosecution team – it was not an office wide email that inadvertently reached people working on the case.

[Footnote] 18 September 19, 2005, email from Leura Canary to JB Perrine, Steve Feaga, Louis Franklin, Debbie Shaw and Patricia Snyder.

[*Portions of the images of the e-mails released by Ms. Grimes are printed below.]

Regarding Mrs. Canary’s advice that the prosecution seek a gag order against Gov. Siegelman, Adam Zagorin reported on November 14, 2007 at Time.com that the prosecution team did just that:

Prosecutors in the case seem to have followed Canary’s advice. A few months later they petitioned the court to prevent Siegelman from arguing that politics had any bearing on the case against him. After trial, they persuaded the judge to use Siegelman’s public statements about political bias — like the one Canary had flagged in her e-mail — as grounds for increasing his prison sentence. The judge’s action is now one target of next month’s appeal.

Writing at the Daily Beast, Prof. Horton characterized Mrs. Canary’s conduct in this manner:

Canary, attaching a Siegelman campaign missive to one email, noted that Siegelman claimed that the prosecution is politically motivated and that 67 percent of Alabamans agree with him. Canary suggested that her subordinates obtain a gag order against Siegelman to bar him from making any references to the political nature of the charges brought against him. The communication suggested that Canary’s motivation is, just as Siegelman alleges, political in nature. More significantly, it demonstrates that Canary continued to drive the case notwithstanding her “recusal.”

In fact, the prosecutors sought a gag order against Siegelman and persuaded the judge, a former member of the Executive Committee of the Alabama G.O.P., to ratchet Siegelman’s sentence upwards because he claimed he was a victim of a political prosecution led by Republicans. (Recent polling suggests that Alabamans believe by overwhelming margins that Siegelman was a victim of a political prosecution, and newspaper editorial boards across the state called for his release.)

In another email, Canary’s first assistant referred to Canary making staffing decisions surrounding the prosecution of the Siegelman case long after her “recusal.” These allegations are backed up by the fact that Canary repeatedly appeared at news conferences concerning the Siegelman prosecution and granted at least three press interviews to discuss it—all after she said she had removed herself from the case.

In their letter to Attorney General Michael Mukasey, Rep. Conyers and Rep. Sanchez continue to document Mrs. Canary’s unethical conduct:

Ms. Grimes has provided other documents to the Committee that bear on this issue. In one email, Ms. Canary forwards another another article to essentially the same group of recipients. [Footnote] 19 This too appears improper and again raises the question why a recused United States Attorney would be providing such information to the active prosecution team. Another email notes that Ms. Canary was consulted about the decision to add Ms. Grimes to the Siegelman/Scrushy team – referred to as the “big case” – and states that “Leura and Louis both liked the concept[“] and further reports that “Leura asked me to pass this information [regarding Ms. Grimes’ role on the case] on …[.]” [Footnote] 20 We appreciate that a United States Attorney who is recused from a particular matter will continue to play a role in the overall administration of the office, but question whether participating in detailed discussions about the staffing of the matter from which she has been recused is appropriate and whether messages or information from the recused United States Attorneys should be passed on to new members of the team.

In her July 2007 report to OPR, Ms. Grimes elaborated on this subject, stating that “Leura Canary kept up with every detail of the case through Debbie Shaw and Patricia Watson.” [Footnote] 21 Once again, if this statement is accurate, it raises serious concerns. It is difficult to imagine the reason for a recused United States Attorney to remain so involved in the day to day progress of the matter under recusal.

[Footnote] 19 September 27, 2005, email from Leura Canary to Steve Feaga, Louis Franklin, JB Perrine, and Patricia Snyder.

[Footnote] 20 April 6, 2005, email from Patricia Snyder to Steve Doyle

[Footnote] 21 July 30, 2007 Letter to H. Marshall Jarrett from Tamarah Grimes.

On November 21, 2008, Adam Nossiter at the New York Times reported that:

Yet in her complaint, the Justice Department employee, Tamarah T. Grimes, cited several instances suggesting Ms. Canary maintained a close watch on the case. Ms. Grimes said a legal aide in the office reported on Mr. Siegelman’s trial to Ms. Canary or her top deputy “every day, sometimes several times per day by telephone.” Once, she observed Ms. Canary “frantically pacing in the executive suite” after a courtroom blowup, “pleading with someone” to get on the phone to “tell Louis he has to control his temper.”

Ms. Grimes also disclosed an e-mail message written by Ms. Canary commenting on legal strategy in the case and suggesting to aides that Mr. Siegelman not be allowed to “comment on court activities in the media.” Ms. Grimes, who is also in a dispute with the department related to her accusations that the Siegelman prosecution team had harassed her, cited the affidavit of a former legal aide in the Montgomery office, Elizabeth Jane Crooks, who wrote that “the morning that the trial started, the U.S. attorney herself carried food and beverage over to the courthouse to support the ‘Trial Team.’ ”

Mr. Siegelman’s lawyers have reacted with anger to these contentions, saying they demonstrate that Ms. Canary never really took herself out of the case. “She was supposed to be recused precisely because her involvement would reek of political conflict of interest, yet she remained involved,” they wrote in a filing to the 11th Circuit court this week.

Mrs. Canary has denied any wrongdoing both personally and through her subordinates. In reviewing Mrs. Canary’s conduct, neither her nor Mr. Franklin’s statements that Mrs. Canary recused herself need not – and indeed must not – be accepted at face value. To the contrary, her denials of improper motives or conduct must be evaluated based on the totality of the circumstances. As provided in the adopted Terminology of the Alabama Rules of Professional Conduct, for Mrs. Canary to believe that her conduct was proper, she must have “actually supposed the fact in question to be true” (which belief “may be inferred from circumstances”) and for that belief to be reasonable requires “that the circumstances are such that the belief is reasonable.”

For example, in her May 16, 2002 press release, Mrs. Canary admitted that “it would not be appropriate for me to discuss any investigations that may or may not be under review in my office.” However, as Prof. Horton notes in his article The Remarkable ‘Recusal’ of Leura Canary, Mrs. Canary made this statement to the Los Angeles Times:

Leura Canary said that suggesting she exerted political influence over the case was “a ridiculous assertion” because it was handled by a career prosecutor, Franklin, in conjunction with the public integrity section of the Justice Department in Washington.

As noted above, Prof. Horton reported on several interactions between Mrs. Canary and the press regarding the prosecution of Gov. Siegelman after her alleged recusal:

When charges were announced against Siegelman at a press conference convened in Montgomery, Noel Hillman traveled down to Montgomery to deliver the message (stating, ironically as it turns out, “Public Integrity does not do politics”), and there with him stood Leura Canary. Similarly, as the case proceeded, Leura Canary did not keep any distance from it. She gave interviews to the Los Angeles Times and to the Montgomery Advertiser about the case. Not the conduct of a ‘recused’ U.S. Attorney. [As of November, 17, 2008, linking to the Montgomery Advertiser from the link in Prof. Horton’s article returns a page that states that ‘The article requested can not be found!’]

Mrs. Canary’s denials were echoed by Louis V. Franklin, Sr., Acting U.S. Attorney in the Siegelman/Scrushy Prosecution:

When the investigation first began, Leura Canary was not the U.S. Attorney for the MDAL. Initially, the investigation was brought to the attention of the Interim U.S. Attorney, Charles Niven, a career prosecutor in the U.S. Attorney’s Office. Niven had almost 25 years of experience as an Assistant U.S. Attorney in the office prior to his appointment as Interim U.S. Attorney upon U.S. Attorney Redding Pitt’s (currently attorney of record for Defendant Siegelman in this case) departure.

Ms. Canary became U.S. Attorney in September 2001. In May 2002, very early in the investigation, and before any significant decisions in the case were made, U.S. Attorney Leura Canary completely recused herself from the Siegelman matter, in response to unfounded accusations that her husband’s Republican ties created a conflict of interest. Although Department of Justice officials reviewed the matter and opined that no conflict, actual or apparent, existed, Canary recused herself anyway to avoid even an appearance of impropriety. I, Louis V. Franklin, Sr., was appointed Acting U.S. Attorney in the case after Charles Niven retired in January 2003. I have made all decisions on behalf of this office in the case since my appointment as Acting U.S. Attorney. U.S. Attorney Canary has had no involvement in the case, directly or indirectly, and has made no decisions in regards to the investigation or prosecution since her recusal. Immediately following Canary’s recusal, appropriate steps were taken to ensure that she had no involvement in the case. Specifically, a firewall was established and all documents relating to the investigation were moved to an off-site location. The off-site became the nerve center for most, if not all, work done on this case, including but not limited to the receipt, review, and discussion of evidence gathered during the investigation.

* * *

Armed with cooperation agreements from Bailey, Young and Kirsch, the investigation continued. In June 2004, a special grand jury was convened to further assist in the investigation. An indictment was returned under seal against Mr. Siegelman and ex-HealthSouth CEO Richard Scrushy on May 17, 2005. The first superseding indictment was filed and made public on October 26, 2005, charging Siegelman, Scrushy, Siegelman’s former Chief of Staff Paul Hamrick, and Siegelman’s Transportation Director Gary Mack Roberts. …

However, as specifically noted by Rep. Conyers and Rep. Sanchez in their letter to Attorney General Michael Mukasey, it was during this exact time frame specified by Acting U.S. Attorney Franklin in which Mrs. Canary clearly was not recused in fact from the prosecution of Gov. Siegelman:

The most significant of these emails is a September 19, 2005, email from Ms. Canary to Acting United States Attorney Franklin, Assistant United States Attorneys Feaga and Perrine, First Assistant United States Attorney Patricia Watson (whose last name was Snyder at this time), and criminal legal assistant Debbie Shaw. This email was sent at a critical time in the Siegelman/Scrushy case – Mr. Siegelman had been indicted, although that fact had not been revealed to his attorneys, and the Government was preparing a superceding indictment that would be publicly revealed the following month.

In this email, Ms. Canary forwards an article regarding the Siegelman case and writes: “Ya’ll need to read because he refers to a ‘survey’ which allegedly shows that 67% of Alabamians believe the investigation of him to be politically motivated. (Perhaps grounds not to let him discuss court activities in the media?) He also admits to making ‘bad hires’ in his last administration.” [Footnote] 18

This email raises obvious questions about the degree to which Ms. Canary honored her recusal from this case. A recused United States Attorney should not be providing factual information such as relevant news clipping containing a defendant’s statements to the team working on the case under recusal. And this email does not just show Ms. Canary forwarding and article – it reflects her analyzing the article and highlighting certain facts. And most troubling of all it contains a litigation strategy recommendation – that the prosecution should seek to bar Mr. Siegelman from speaking to the media. We note too that it was sent only to members of the Siegelman/Scrushy prosecution team – it was not an office wide email that inadvertently reached people working on the case.

In light of the evidence presented by Ms. Grimes and the contradictions between her actions and her contradictory, self-serving statements, Mrs. Canary’s denials are simply not believable. In short, “a lawyer of reasonable prudence and competence would ascertain the matter in question” to be improper, and, therefore, Mrs. Canary should have known that her conduct was improper even if she actually (and, in that case, quite incompetently) did not know her conduct was improper.

If the reputations of the Department of Justice and the Alabama State Bar are ever to be salvaged, Mrs. Canary must be investigated by the Alabama State Bar Office of Legal Counsel and referred to the Alabama State Bar Disciplinary Committee to answer for her violations of the Alabama Rules of Professional Conduct. Although the Alabama State Bar Office of Legal Counsel has the authority to begin an investigation on its own volition, a state bar system will not normally begin a formal investigation until it receives a formal complaint. A formal grievance complaint can’t be filed online, but anyone – whether a resident of Alabama or not or otherwise involved in this matter – can easily file a grievance against Mrs. Canary with the Alabama State Bar in just three simple steps:

  1. Print, complete and sign the official Alabama Complaint Against a Lawyer;
  2. Print and attach this page to the Complaint Form as the factual basis for the claim; and
  3. Mail the complaint to the address noted on the Complaint Form.

Rules Violated by Leura Garrett Canary:

  1. RULE 1.16 DECLINING OR TERMINATING REPRESENTATION
  2. RULE 3.3 CANDOR TOWARD THE TRIBUNAL
  3. RULE 3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL
  4. RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL
  5. RULE 3.6 TRIAL PUBLICITY
  6. RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR
  7. RULE 4.1 THRUTHFULNESS IN STATEMENTS TO OTHERS
  8. RULE 5.1 RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER
  9. RULE 5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER
  10. RULE 8.3 REPORTING PROFESSIONAL MISCONDUCT
  11. RULE 8.4 MISCONDUCT

*Portions of the images of the e-mails released by Ms. Grimes. The complete images of the e-mails can be found here.

September 19, 2005 e-mail from Leura Garrett Canary:

Image

September 25, 2005 e-mail from Leura Garrett Canary:

Image

April 6, 2005 e-mail from Patricia Snyder to Stephen Doyle:

Image

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h/ts: Legal Schnauzer, WriteChic Press, at-Largely and capt.

Thanks are also due to Scott Horton for all his contributions to reporting on the Siegelman prosecution.

Text of the Alabama Rules of Professional Conduct violated by Mrs. Canary

Patrick J. Rogers – predictably and unbelievably – denies charges of Vote-Suppression

Crossposted at Oxdown Gazette.

Patrick J. Rogers is the New Mexico attorney who represents and advises the Republican Party of New Mexico on its voter suppression efforts. In this prior post , I documented how Mr. Rogers’ conduct in this matter violates the New Mexico Rules of Professional Conduct. Mr. Rogers “was too busy working on the election” to reply to a request for a statement from TPMMuckraker, so it’s no surprise he didn’t respond to my e-mail requesting a response to my allegations since I’m just an anonymous blogger. Notably, though, Mr. Rogers – or someone from his firm – did have time to stop by The Grievance Project:

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But, as Heather Clark reported on October 29, 2008, Mr. Rogers did reply to the Associated Press:

ALBUQUERQUE, N.M.—An Albuquerque attorney who has been accused in a federal lawsuit of intimidating two voters in an attempt to interfere with their right to vote said Wednesday he has not violated any law.

Pat Rogers, who advises the state Republican Party, is accused of helping disseminate private information about two voters and hiring a private investigator, Al Romero, who allegedly went to their homes and confronted them about their eligibility to vote, the lawsuit said.

Rogers and Romero are named as defendants in the lawsuit, which was filed in U.S. District Court in Albuquerque on Monday by the Mexican American Legal Defense and Educational Fund, or MALDEF.

“I have not violated any law and Mr. Romero has not violated any law,” Rogers told The Associated Press.

* * *

“The lawsuit contains serious accusations that have no basis in law or fact. The suit is filed and advertised before the upcoming election for obvious purposes,” Rogers said, declining to elaborate.

I, too, would proclaim my innocence if I was being investigated by the Department of Justice – even a Michael Mukasey-led DoJ – and that conduct resulted in my being named as a defendant in a federal lawsuit. Every day, criminal defendants – both guilty and innocent alike – make countless similar proclamations of innocence in criminal courts all over the globe. Like many of these defendants, Mr. Rogers’ denial of wrong-doing is simply not believable. If you agree, you can easily file a grievance against Mr. Rogers with the State Bar of New Mexico in three simple steps:

  1. Print, complete and sign the official Form for Complaint against a Lawyer in New Mexico;
  2. Print and attach this page to the Complaint Form as the factual basis for the claim; and
  3. Mail the complaint to the address noted on the Complaint Form.

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Had enough yet?

The Legal Schnauzer shares a letter he recently received. In his post, Message From a Political Prisoner, he describes the receipt of the letter as “a profound experience recently, something I never dreamed would happen to me as a U.S. citizen.” He explains:

My letter was from Wes Teel, a former state judge in Mississippi who is in federal prison in Atlanta after being convicted in the Paul Minor case. Wes and I have never met; we’ve never even talked on the phone. But we got acquainted via e-mail when I began to write about the Minor case last September.

Wes and his codefendants, fellow state judge John Whitfield and well-know plaintiff’s attorney Paul Minor, had been convicted, and Wes was looking at reporting to federal prison in December 2007.

In our e-mail exchanges, I found Wes to be a man of keen intellect, common sense, and good humor–even in the face of going to prison for a crime he did not commit. I came to consider Wes a friend, and I shared his pain when he had a heart attack not long after reporting to federal prison. I shared his concerns about his wife, Myrna, who has multiple sclerosis and needed care while her husband was eight hours away in federal prison. I know he worried about his grandchildren and what they would grow up to think of a country that could imprison their grandfather simply for doing his job as a state judge.

On the surface, Wes and I might seem like unlikely friends. My blog started only because of the wrongdoing I had witnessed from lawyers and judges in Alabama state courts. Corrupt lawyers and judges have brought my wife and me to the edge of ruin–and here was Wes, a lawyer and former judge who was charged with being corrupt himself.

But here is one of many lessons I’ve learned from my Legal Schnauzer journey: Just because you’ve had a bad experience with someone in a certain profession, don’t assume that everyone in that profession is a bad actor.

After studying the Minor case at length, I realized that Wes Teel and John Whitfield were honest judges. They ruled for Paul Minor’s clients because that’s what the facts and the law required them to do. And I realized that, based on the evidence I had seen, Paul Minor was an honest lawyer. Certainly in the cases the government had used to build its prosecution, Minor acted properly, and his client prevailed because they should have prevailed.

The Minor case taught me that not even all Republican judges are corrupt. Another codefendant was Oliver Diaz, a justice on the Mississippi Supreme Court who was tried and acquitted twice. And Diaz is a Republican.

I realized that the bad guys in the Minor case were not lawyers, judges, or even Republicans. No, it is that certain breed of Republican that has been infected by a virus that seems to have started with George W. Bush and Karl Rove and wound up sickening our entire justice system.

Wes Teel is a victim of that justice system. His letter made me sad, angry, and ultimately, determined:

Please go to the full post to read more excerpts of Mr. Teel’s letter, but contemplate this excerpt which, as noted by the Legal Schnauzer, answers the question:

What does it mean to be a political prisoner in the United States?

Due to the conviction, unless it is overturned, I am essentially no longer a citizen. I can’t vote, possess a firearm, hold a bond, run for public office, or ever practice law again. Despite all of this, I have a vested stake in the success of our Republic. I want my grandchildren to grow up and be proud of our constitution and our government. I pray that change will one day come, and my precious grandchildren can come to enjoy the freedoms instituted by our Founding Fathers and paid for by the blood and sacrifice of many patriots.

Had enough yet to file a grievance?

If not, there’s more. Juxtapose the politicized prosecutions of Wes Teel, John Whitfeld, Paul Minor, Oscar Diaz, Don Siegelman, Georgia Thompson and Dr. Cyril Wecht with the politicized refusal by Michael Mukasey to prosecute Michael Elston, Kyle D. Sampson and Monica Marie Goodling. Scott Horton of Harper’s Magazine has named this selective failure to prosecute The Mukasey Doctrine and describes it like this:

Today [Attorney General Michael Mukasey] addressed the annual convention of the American Bar Association, and expanded upon what may be known to future generations as the “Mukasey Doctrine.” This doctrine holds that political appointees in the Justice Department who breach the public trust by using their positions for partisan political purposes face no punishment for their crimes. In the Mukasey view, this is all simple political gamesmanship—“boys will be boys”—and sufficient accountability is provided by exposing their games to the public limelight.

After reviewing in the briefest terms the recent internal Justice Department probe into the politicization of the hiring process in the honors program, with respect to immigration judges and in other areas, here’s what Mukasey has to say:

The conduct described in those reports is disturbing. The mission of the Justice Department is the evenhanded application of the Constitution and the laws enacted under it. That mission has to start with the evenhanded application of the laws within our own Department. Some people at the Department deviated from that strict standard, and the institution failed to stop them.

I want to stress that last point because there is no denying it: the system failed. The active wrong-doing detailed in the two joint reports was not systemic in that only a few people were directly implicated in it. But the failure was systemic in that the system–the institution–failed to check the behavior of those who did wrong. There was a failure of supervision by senior officials in the Department. And there was a failure on the part of some employees to cry foul when they were aware, or should have been aware, of problems.

Note how Mukasey plays the entire affair down and uses the traditional language of the criminal defendant–for him it was a “system failure.” His language is passive: things evidently just happened. But in fact a closer read of the Inspector General’s report shows that the figures involved and the schemes adopted had a clear provenance in the White House, and specifically in the warren of Karl Rove. The actors under investigation, Kyle Sampson and Monica Goodling, had come with Alberto Gonzales from the White House. They benefited from an extraordinary delegation of authority from Gonzales that allowed them, two thirty-somethings with little experience, to exercise the authority of the attorney general in the hiring and firing process. This didn’t “just happen.” It was the result of a careful plan for partisan entrenchment at Justice—consciously pursued in defiance of the law. A serious investigation would have focused on the senior figures responsible for this program. So what is the penalty for such a systematic violation of the law? Well, according to Mukasey, there isn’t one. Those involved have already suffered enough. Yes, they suffer because their misdeeds are now known.

Their misconduct has now been laid bare by the Justice Department for all to see.

* * *

Mukasey insists that the process of partisan entrenchment has been checked following his arrival.

* * *

The message that Mukasey is sending seems to be this: he will refuse to appoint a special prosecutor to look into the matter, whatever the inspector general suggests. In the Mukasey view, it will be enough punishment for the truth to come out.

Had enough yet? Ready to file a grievance?

From Dana Jill Simpson by Glynn Wilson of The Locust Fork Journal spoke to Dana Jill Simpson, who explains why we need to continue this fight:

After hearing about the speech and reading the stories about it, North Alabama attorney Jill Simpson said in a statement that Mukasey is a “disgrace to our country” and those who really pursue justice.

She called on President George W. Bush to restore the rule of law and fire Mukasey.

“He is showing a complete lack of respect for the rule of law by not charging individuals who were part of the United States Justice Department that broke the law,” she said. “He is creating a class of individuals that are above the law in this country and that is wrong. They should be tried for the crimes they committed, but Mr. Mukasey told the ABA they are going to get off Scott free.”

“These Doj employees broke the law it doesn’t matter where they work, ignorance to the law is no excuse, plus the evidence suggests these folks knew what they were doing and broke the law anyway. They should be tried and, if convicted, punished for their crimes,” she said.

Or at least disbarred. It’s time to file grievances against these attorneys.

Updated August 13, 2008 to fix title.

Updated August 15, 2008: More on Wes Teel here.

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Welcome, USDOJ.

Thank you for visiting The Grievance Project.  (Statcounter and Sitemeter information is at the end of this post).

Earlier today, your boss, Attorney General Michael B. Mukasey, testified before the United States Senate Committee on the Judiciary. Attorney General Mukasey concluded his prepared remarks with the following statement:

As I have said many times, to members of the public and to Department employees, it is crucial that we pursue our cases based solely on what the law and facts require, and that we hire our career people without regard for improper political considerations. It is equally crucial that the American people have complete confidence in the propriety of what we do. My promise to you is that I have done, and I will continue to do, what I can to ensure that politics is kept out of decisions about cases and out of decisions about career hiring at the Department of Justice.

I wouldn’t doubt that the minimal attention that Attorney General Mukasey has paid to the politicization at DOJ is, in fact, the outer limit of what he can or will do (or is allowed to do) to ensure that politics is kept out of the Department. What he has done, however, is simply not enough. If you’re an attorney at DOJ, whether in Arlington, Virginia (according to Statcounter), Washington, D.C. (according to SiteMeter) or elsewhere, you are likely to have an affirmative obligation under the rules of professional conduct in which you’re admitted to report the ethical violations of other attorneys, such as Alberto Gonzales, Kyle D. Sampson, Lisa Murkowski, Harriet E. Miers, Mark Everett Fuller, John Yoo and Michael B. Elston and Esther Slater McDonald, who engage in conduct that raises questions as the attorney’s fitness to practice law. Specifically, Rule 8.3 of the Virginia Rules of Professional Conduc (.pdf) states that

A lawyer having reliable information that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness to practice law shall inform the appropriate professional authority.

I encourage you to file a grievance against any former or current DOJ attorney who you know has breached his or her ethical obligations.

Rule 8.3 of the Washington, D.C. Rules of Professional Conduct similarly provides that

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

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Alberto Gonzales: Not just unethical, but criminal?

As reported by Jason Leopold at the Online Journal on February 29, 2008, (h/t nonnie9999), Alberto Gonzales not only engaged in unethical conduct, but likely also engaged in conduct that was criminal:

John McKay, the former US attorney for the Western District of Washington who was also fired in late 2006 for reasons that appear to have been motivated by partisan politics, wrote in a lengthy article in the January edition of the Seattle University Law Review [incorrect link in original document] that Iglesias’s firing stands out among the other eight federal prosecutors because it demonstrates “the very real prospect of improper interference with an ongoing criminal investigation involving public corruption and the seeking of political advantage.”

“Violations of the obstruction of justice statute may have occurred and should be investigated,” McKay wrote. “Even as the role of the White House remains shrouded in its claims of executive privilege, 23 certain White House employees appear to have been heavily involved in the dismissal of U.S. Attorney Iglesias. In several e-mails it appears that these officials were reacting directly to the complaints of Senator Pete Domenici (R-NM) and the ongoing investigation into public corruption in New Mexico. For example, Deputy White House Counsel Bill Kelley smugly e-mailed Gonzales’ Chief of Staff Kyle Sampson to report that Domenici’s office was ‘happy as a clam’ on learning of Iglesias’s ouster. Senior Counselor to the President Karl Rove bragged about Iglesias’s dismissal by proclaiming ‘he’s gone’ to the New Mexico Republican Party Chairman, who had previously complained to Rove about Iglesias.”

* * *

This chain of events troubles McKay who wrote in his law review article that former Attorney General Gonzales ultimately approved Iglesias’s termination with the full knowledge that it was based on partisan politics.

Gonzales admitted “he took multiple phone calls from Domenici concerning [Iglesias], urging that he be replaced, and has admitted that [President Bush] spoke with him about the ‘problems’ with Iglesias,” McKay wrote.
”Gonzales has even admitted that one of the reasons that Iglesias was fired was because Senator Domenici had “lost confidence” in Iglesias. “While these allegations are troubling under any analysis, a thorough and independent investigation is necessary to determine whether criminal laws have been violated,” McKay added. “Among the considerations facing the inspector general is whether the actions of former Attorney General Gonzales constituted obstruction of justice by removing Iglesias.”

Don’t hold your breath waiting for justice. No attorney employed by the Michael Mukasey-led Department of Justice will initiate an investigation of and pursue a criminal prosecution against Alberto Gonzales. As Leopold reports, they’re too busy fighting voter fraud:

Recently, the OPR contacted Iglesias’s former executive assistant, Rumaldo Armijo, to interview him about whether he was pressured by Pat Rogers, a Republican attorney in Albuquerque, and Mickey Barnett, a Republican lobbyist, to bring charges of voter fraud against Democrats in the state, Iglesias confirmed when asked about the matter during an interview.

Rogers was affiliated with the American Center for Voting Rights, a now defunct non-profit organization that sought to defend voter rights and increase public confidence in the fairness and outcome of elections. However, it has since emerged that the organization played a major role in suppressing the votes of people who intended to cast ballots for Democrats in various states. Rogers is also the former chief counsel to the New Mexico Republican Party, and was tapped by Domenici to replace Iglesias as US Attorney for New Mexico.

Rogers did not respond to emails seeking comment.

Armijo was also unavailable for comment. During his tenure in the US attorney’s office he was in charge of issues related to voter fraud in New Mexico. Iglesias said in an interview that he launched an in-depth investigation into claims of voter fraud in New Mexico and found the allegations to be “non-provable in court.” He said he is certain that his firing was due, in part, to the fact that he would not file criminal charges of voter fraud in New Mexico. Iglesias added that, based on evidence that had surfaced thus far and “Karl Rove’s obsession with voter fraud issues throughout the country,” he now believes GOP operatives had wanted him to go after Democratic-funded organizations in an attempt to swing the 2006 midterm elections to Republicans.

Armijo spoke to the Senate Ethics Committee last year about numerous telephone calls and emails dating back to 2005 he received from Rogers related to voter fraud, and Iglesias’s alleged failure to investigate the matter while Iglesias was US attorney, Iglesias confirmed.

Last May, House Democrats released a transcript of an interview congressional investigators had with one of Gonzales’s senior Justice Department staffers, Matthew Friedrich, in which Friedrich recounted that over breakfast in November 2006, Rogers and Barnett told him they were frustrated about Iglesias’s refusal to pursue cases of voter fraud and that they had spoken to Karl Rove and Domenici about having Iglesias fired.

“I remember them repeating basically what they had said before in terms of unhappiness with Dave Iglesias and the fact that this case hadn’t gone anyplace,” Friedrich said, according to a copy of the interview transcript. “It was clear to me that they did not want him to be the US attorney. And they mentioned that they had essentially . . . they were sort of working towards that.”

According to media reports, Rogers said he does not recall speaking to Rove about Iglesias.

Additionally, Barnett and Rogers met with Monica Goodling, the Justice Department’s White House liaison, in June 2006 to complain that Iglesias was ignoring voter fraud. Goodling’s meeting with Rogers and Barnett took place at the urging of a colleague. Rogers also drafted a lengthy letter that he sent to Domenici detailing what he claimed were Iglesias’s prosecutorial failures, Iglesias said he had been told.

Allen Weh, the New Mexico Republican Party chairman, told McClatchy Newspapers in March that he urged Rove to use his influence to have Iglesias fired because Weh was unhappy with Iglesias’s alleged refusal to bring criminal charges against Democrats in a voter fraud investigation.

At best, nothing will happen until Attorney General John Edwards(?) can order an investigation on January 21, 2009. But the fact that justice will not be served by the Department of Justice does not mean that justice must be denied:

ANY person residing in ANY state can file a grievance against Alberto Gonzales.

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It’s not paranoia if they ARE out to get you

The Washington Post’s Dan Eggen reported yesterday that

A federal grand jury in Alexandria has issued a subpoena seeking information about the confidential sources of a newspaper journalist who wrote in a 2006 book about alleged CIA efforts to infiltrate Iran’s nuclear program.

The Jan. 24 subpoena ordered the reporter, James Risen of the New York Times, to appear before the grand jury next Thursday, said David N. Kelley, Risen’s attorney. Kelley, a former U.S. attorney in New York, said Risen plans to resist the order.

Glenn Greenwald then correctly described Attorney General Michael Mukasey’s involvement and the dangers presented by this tactic:

Although there are still facts missing — such as whether this Subpoena was actually approved by Mukasey rather than Gonzales — it’s hard to avoid the conclusion that the Grand Jury Subpoena was done at least with Mukasey’s assent. It seems rather clearly to signify the intent of his Justice Department to more aggressively pursue reporters who disclose information embarrassing to the President.

It’s hard to overstate how threatening this behavior is. The Bush administration has erected an unprecedented wall of secrecy around everything it does. Beyond illegal spying, if one looks at the instances where we learned of lawbreaking and other forms of lawless radicalism — CIA black sites, rendition programs, torture, Abu Ghraib, pre-war distortion of intelligence, destruction of CIA torture videos — it is, in every case, the by-product of two forces: government whistleblowers and reporters willing to expose it.

Grand Jury Subpoenas such as the one issued to Risen have as their principal purpose shutting off that avenue of learning about government wrongdoing — the sole remaining avenue for a country plagued by a supine, slothful, vapid press and an indescribably submissive Congress. Mukasey has quickly demonstrated that he has no interest in investigating and pursuing lawbreaking by high government officials, but now, he (or at least the DOJ he leads) seems to be demonstrating something even worse: a burgeoning interest in investigating and pursuing those who expose such governmental lawbreaking and turning those whistleblowers and investigative journalists into criminals.

This is yet another example of this administration improperly using the force of law, i.e., investigation, prosecution and jailing of its critics, to cover its track. Risen is on his way to being Siegelmanned, which is exactly what I’m trying to avoid by remaining anonymous. Especially since I don’t have the resources of Simon & Schuster available to me like Risen does.

Greenwald added this in an update:

An emailer sums up the situation nicely:

So, let me see if I get this straight. The Congress issues subpoenas to former [and current] Bush officials to testify about administration conduct. Said officials ignore the subpoenas. Nothing happens.

Administration, via grand jury, issues subpoena, Risen is threatened with jail.

What’s wrong with this picture?

That’s rather accurate.

This is one of the few points from Greenwald with which I disagree. Anyone, whether a resident of Texas or not, can file a grievance against Harriet E. Miers. Furthermore, if you are an attorney licensed by the Texas Bar Association, you have an ethical obligation to report misconduct. Rule 8.03 Reporting Professional Misconduct, Texas Disciplinary Rules of Professional Conduct (large .pdf file).

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