Prosecutors Will Be Violated: A Screenplay

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As a general practice, the Justice Department does not make public the names of attorneys who acted improperly or the defendants whose cases were affected. The result: the Department, its lawyers, and the internal watchdog office itself are insulated from meaningful public scrutiny and accountability. Legitimate grievances go ignored. Their primary expertise lies in circling the wagons and protecting the offenders. This report makes it all the more clear. There is no transparency, and consequently, the Department of Justice can be given no credibility.

That subject is the unfair tactic that some prosecutors have used to secure a conviction. As a prosecutor for over 29 years in the state courts of Texas, I am aware of both the possibilities for unfairness to the accused, and of the pressures on some prosecutors to win cases.

Licensed to Lie is available for pre-order at www. It will ship and be in bookstores in early May. Caldwell, the original Director of the Enron Task Force, with Friedrich and now former FBI General Counsel Andrew Weissmann, annihilated Arthur Andersen and its 85, jobs world wide—only to be reversed by the United States Supreme Court because they both made up a crime and persuaded federal district judge Melinda Harmon to take all criminal intent out of the jury instructions.

COMM 'N SENSE: Prosecutors Will Be Violated

The Enron Task Force Prosecutors left a legacy of injustice, Supreme Court reversals, appellate reversals, and even withdrawn guilty pleas because of their roughshod tactics, suppression of evidence favorable to the defense, concocted crimes, wrongful convictions, tortured jury instructions, and assorted dirty and unethical tactics designed to win at any cost.

The story of Enron, Ted Stevens, and the legal and personal aftermath, at least as it was popularly presented, became part of the collective zeitgeist and was set in stone. None of us has the time or inclination to understand the minutiae of every event, no matter how significant. Certainly what went down in Texas, Washington, Alaska, and New Orleans was significant, but few of us have knowledge of what really occurred.

I was certain Ted Stevens was crooked. I was also certain everyone at Arthur Andersen and Enron was crooked. People who were convicted were innocent and went to prison. This should concern everyone. What is even more shocking is that the federal prosecutors whom I had always presumed to be full of virtue and zeal had much more zeal than virtue and that the crimes here went beyond the excesses of some Enron executives.

This is worse.

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Quis custodiet ipsos custodes? What Eron did was terrible, but the moral advantage of government over the private sector interest is accountability. Tyranny is not giving government power. Tyranny is giving government power that is not regulated and controlled. Sidney Powell weaves an extraordinary tale of federal prosecutors run amok seemingly with little control. In my own mind, I am certain they thought they were doing good, but their substantive misconduct that Ms. Powell uncovers is so egregious and far reaching that it goes to the very foundation of our democracy and how it may be at risk.

This is a brave book. The taking on of the forces that Ms. Powell attacks can do her no long term good, but clearly she is serving a higher calling: the rule of law. I know Sidney Powell. She is a force. In her friends, she can barely forgive it; in those in power, she finds it unconscionable. This is Sidney. I live in Los Angeles in the grey of the marine layer but also the grey of moral uncertainty.


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Sidney visited here, and it was not just her height that made her stand out. She was genuinely shocked by all she surmised.

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This is not how she conducts business. Sidney is a woman and a lawyer who believes in important things, and I am certain what drove her to write this book was no particular axe that needed grinding, though she has a well sharpened one in her literary hand. Rather, Sidney witnessed something that was simply wrong, and she is one of people burdened with the sense that wrongs should be righted and truths should be told.

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Boldly, bravely, dangerously, and elegantly she does that in this book. It was a frightening book for those who fear for our way of government, but ultimately it is a triumph. It is significant that this book can be published and these things can be said. No tyrant would allow this to be printed because it indicts some of the most powerful jurists in the land.

So it should be a point of pride for all of us that Sidney can speak up without fear of recourse because this courageous discourse, this calling to task of the corrupt, is the foundation of our democracy. Bravo Sidney Powell. Brady Violations. Ethical Rules for Federal Prosecutors. Important Decisions Discussing Brady.