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Monday, May 21, 2012

Blagojevich Sentenced: He Joins the Justice Department's Smoke and Mirrors Show

Rod Blagojevich was sentenced on December 7th (Pearl Harbor Day!) to 14 years in prison. I argue in my latest “Injustice Department” piece at Forbes.com that Blagojevich was a victim of an ever-expanding federal prosecutorial apparatus. He violated no state laws, and yet found himself under the thumb of a prosecutor citing vague federal statutes. The result was Blagojevich’s having been found culpable for behavior that was not criminal, and that he had no reason to think would be construed as such. In the run-up to his sentencing where the trial judge played his assigned part in a morality play enabling unjust federal prosecutorial power, and in a last desperate attempt to lessen his punishment, Rod Blagojevich admitted responsibility. But he admitted to having committed what I deem to be non-crimes. And if a new congressional bill—the “Clean Up Government Act”—gets enacted into law, we will see a great many more unsuspecting local politicians finding themselves in the crosshairs of  an overzealous and unjust federal criminal justice system.  Today it is the pols in the DOJ’s crosshairs; tomorrow it can readily be all of us (indeed, it pretty much is already).

The Lying Witness, the Dank Cellar, and the Dingy Coffee Shop


William Weld famously won 109 out of the 111 cases his office prosecuted when he was US Attorney for Massachusetts. I am quite proud to be one of the two blemishes on his career. All it took was overzealous prosecutors, unscrupulous federal agents, a lying witness (hardly unusual in federal criminal trials), and the basement of a dingy coffee shop.

NPR Connecticut: 'A Nation of Criminals?'


Talking TFD on the NPR Connecticut program Where We Live, hosted by John Dankosky, with Guest Stanley Twardy, a former U.S. Attorney for the District of Connecticut. We discuss, among other topics, the role of prosecutorial discretion and the question of criminal intent.

A Nation of Criminals?

"A Nation of Criminals?Where We Live, NPR Connecticut

[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.

TFD Excerpt in the Boston Herald: Hub Author Tells of Bribes, Perjury, Feds Gone Haywire


Featured in the Sunday, October 18 edition of the Boston Herald is the story of former Boston Mayor Kevin White and his political ally Theodore Anzalone, a segment from the first chapter of Three Felonies a Day. The excerpt chronicles federal prosecutors’ crusade to unseat Mayor White in the early 1980s. The prosecutorial techniques used – pressuring lower-level administration officials to “flip” against their superiors and to provide testimony that (no surprise!) turned out to be false, along with “creative” use of a criminal statute to encompass conduct not clearly covered by it – offer a glimpse at the pernicious developments described in Three Felonies a Day. And the saga sheds new light on current Boston Mayor Thomas M. Menino’s title as longest-serving mayor in Boston history.

Read on to view a PDF of the print edition in your browser.

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