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Shawn Steel

Feds Prosecutorial Abuse …Leave Perata Alone

The balance of control in the United States Senate was changed by illegal actions of the U.S. Justice Department against Sen. Ted Stevens. 

Who can forget US Attorney Johnny Sutton’s shameful punitive prosecution against border guards Ramos and Campion? The case against Alabama Gov. Don Siegelman [D] has to be questioned. After all he was not convicted for taking bribes or accepting illegal campaign contributions, but was jailed for appointing a wealthy donor to a state board. Former Sec of Labor Ray Donovan’s famous quote after surviving an unfounded and vicious DA’s prosecution with a clean jury verdict announcing not guilty 100 times, asked " Which office do I go to get back my reputation back?"

There are many more such abusive prosecutions. Don Perata, former Oakland senator, comes to mind…

I don’t like Don Perata. I don’t like his politics. As senate leaders he’s bullied many bad laws for California. But not even Don Perata deserves the abuse he received from Feds for the last 5 years. 

After spending one million dollars, answering numerous subpoenas and withstanding a Grand Jury convened in his honor, US Attorney Joe Russoniello’s  San Francisco [Northern District] office told Perata’s attorneys that they were closing the investigation and would not prosecute. Unhappy FBI agents drove to Sacramento to convince US Attorney Lawrence Brown [Eastern District] to pick up the tossed case. Unbelievably, instead of offering gas money to the agents to quickly leave Sacramento, Brown openly stated he would consider taking over the rejected case.

There are few forces in the world more powerful than a US Attorney. They have Ive League legal talent, unlimited expenses and the real fear of the federal penitentiary to intimidate.

All too often the type of talent recruited by the US Department of Justice are very ambitious, smart young lawyers eager to bag major trophies. These trophy hunters look for high visible cases with lots of publicity.They can use tough tactics –threatening years of federal prison to not only their targets but to witnesses  who don’t "cooperate"  

The prosecution against Assembly Republican Leader Pat Nolan opened my eyes to the terror that corrupt federal attorneys can impose.  Nolan was indicted for accepting a bribe. His crime was receiving political contribution for the Assembly Republican Pac, not for himself. I was in his office when the feds gave him a 24 hour choice. Either agree to submit to 30 months of prison or take a chance in trial and risk 15 plus years in jail. I will never forget , the Feds told him he would not see his children [  all three then under five ] graduate from college. I know that several of Pat’s colleagues were treatened regularly by the FBI, for not telling the FBI what it wanted to hear.
 
Attorney General Eric Holder might be on to something important. He personally announced that the Justice Department would move to set aside its conviction of Sen. Ted Stevens. The indictment was unveiled in July 2008 shortly before the Republican primary. The trial was two weeks before the election. Those decisions alone  violated Department guidelines that prosecutors should avoid becoming players in elections.  The Feds case from the beginning was dirty and got to the point that US District Judge Emmet Sullivan called the behavior of  the Bush Justice lawyers "outrageous" holding them in contempt. Let’s not forget the name of William Welch, chief of its public integrity section. Orwellian. As the Wall Street Journal puts it " Ted Stevens is merely another casualty of abusive prosecutors out to make a name for themselves."

Lovers of liberty and the rule of law should hope that the conduct of rogue government lawyers will be held to account. Their actions were more capricious that their targets. Too bad for Ted Stevens  who lost by less than 1%  two weeks after his "conviction".

Its time to drop the vendetta against Perata. The Feds had 5 years and millions of dollars to make their case. US Attorney Brown, instead ought to seek private employment and get out of the prosecution business.

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