Tuesday, May 21, 2013

Updates related to Harvey's book Three Felonies a Day, a critical take on the Justice Department

Archive by Years

Beware the FBI when it is not recording

Civil libertarians are used to sounding the alarm about pervasive government surveillance in the era of cellphones, drones and the Internet. But, as alleged Marathon bomber Dzhokhar Tsarnaev’s classmate Robel Phillipos is now discovering, an equal threat to liberty is the FBI policy forbidding recording of interviews.

My latest column, which ran in this Saturday’s (May 11th) Boston Globe, explains the danger faced by witnesses and defendants who talk to the FBI. You can find it on the Globe’s website.

"Tim Cahill, the lottery, and the demands of democracy" on Bostonglobe.com

After realizing that nobody writing about or reporting on the prosecution of former Massachusetts treasurer Timothy Cahill nor his co-defendant Scott Campbell seemed to grasp the fundamental reasons that the prosecution was both unlawful and ill-considered as a matter of sound public policy, I decided to write a short piece on the case for The Boston Globe. (The Globe’s news and editorial pages were a prime example of what I view as a wrong-headed view of the case – cheering on the prosecution despite its violating the Due Process of Law rights of the defendants as well as the public’s right to benefit from public officials’ exercise of their informing function. And so I submitted my piece to the Globe, which, admirably, agreed to run it despite it’s being critical of the paper.)

You can find it on the Boston Globe's website.

Kevin White, the Feds, and the press

On January 27th of this year, Kevin White, the man often credited with helping turn Boston into the modern city it is, died after a long illness. Since then, there have been a number of news reports and editorial commentaries discussing White’s sixteen year run as mayor, his subsequent career as a Boston University professor, and even the final years of his political life—capped as it was by seemingly endless federal corruption investigations that nailed a few underlings, but despite then-US Attorney (later governor) Bill Weld’s best efforts, never landed the “Great White.”

But missing from most of the coverage has been a description of how the press played handmaiden to Bill Weld’s prosecutorial apparatus and prevented Mayor White from pursuing a fifth term in office. In my post to ThePhoenix.com, I relate a number of stories of prosecutorial targeting and abuse that were largely ignored—and even aided—by the mainstream media at the time. It seems to me that these stories cry out to be told, uncomfortable as they may be for so many participants, myself included.

Boston Globe letter: Under Obama, war, and terror, go on


Responding to an extensive Boston Globe article on President Obama, I point out in a Letter-to-the-Editor published in today's Globe that the article's author erred in crediting Obama with rolling back President Bush's War on Terror. Far from it, in fact:



The national security state has continued to make gains under Obama, and it surely has kept the inroads it made under George W. Bush. Secrecy is the order of the day, including the administration’s self-protective invocation of so-called national security to thwart court cases seeking money damages and answers by victims of our security agencies and those they surreptitiously fund in dark corners around the world.

[...]

In terms of civil liberties, there may be some change on the margins here and there, but by and large, “change you can believe in’’ has shown its true colors: The more things change, the more they stay the same.

"Under Obama, war, and terror, go on," Boston Globe, January 31, 2011

[End of Post]

Boston Globe op-ed: Finneran's only crime is careful diplomacy


Those familiar with Three Felonies a Day know the story of former Speaker of the Massachusetts House Thomas Finneran. Finneran was charged with federal obstruction of justice and perjury because he allegedly lied, in court testimony, about the extent of his involvement in a legislative redistricting plan that was being challenged as discriminatory. Under questionable circumstances, Finneran entered a guilty plea in 2007. Accepting this plea as indisputable proof of culpability, the Supreme Judicial Court disbarred Finneran earlier this month.

In today's Boston Globe, I put Finneran's case in the context of the ever-increasing rate of guilty pleas in the federal criminal justice system, noting that the Feds essentially made him an offer he could not refuse.
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