The Democrats Are Evil But Smart, While The Republicans Are Neanderthals And Dumb

 By Timothy D. Naegele[1]

The title of this article is the conclusion that I reached when I was leaving the U.S. Senate, after having worked with both American political parties for years.[2]  As I wrote several months after this blog began in December of 2009:

Politically, I am an Independent, and have been for several decades, since leaving the U.S. Senate where I witnessed firsthand the shortcomings of both major political parties. I was a member of the National Democratic Club and the National Republican Club of Capitol Hill, simultaneously. I felt it was good business to entertain our clients and others at whichever club they preferred, and I felt comfortable at both of them. In fact, when I worked in the Senate, there was a spirit of bipartisanship and congeniality in both the Senate and House, which I believed was healthy and beneficial for the country.[3]

Many in the GOP are pathetically weak and spineless today.  Some are “RINOS,” or “Republicans In Name Only,”[4] like the despicable Paul Ryan and his running mate, the carpetbagger Mitt Romney.[5]  Lots of us voted for them, inter alia, because the alternative was the racist, anti-Semite Barack Obama.[6]  Many more of us have been Trump supporters from the beginning; and we have watched the treasonous pattern of misconduct unfolding, perpetrated by Obama and others—like peeling skins off an onion, one by one.[7]

Our great nation is at a critical juncture in its history, and seems poised on the edge of its second Civil War.[8]  And there are threats from adversaries globally, who may seek to destroy our great nation and kill most Americans.  No, these are not radical or crazy statements or fantasies:

Launched from a barge off the U.S. coast, an EMP attack consisting of one nuclear warhead attached to a single missile might shut down much of the country and kill all except 30 million Americans. Such an attack has been described as “a ‘giant continental time machine’ that would move us back more than a century in technology to the late 1800s”—and effectively destroy our great nation.[9]

I never realized fully how much President Donald Trump is hated until I attended a college reunion recently, where the lovely wife of a dear college friend shared her feelings with me.  It was like the mood changed from cordial to “icy” within the blink of an eye, when I told her that I was a Trump supporter—and that I began as a Democrat, but would never vote for one again.

In a very real sense, Donald Trump is America’s first Independent President. Thus, he garners detractors from both ends of the political spectrum (e.g., “Trump derangement syndrome”).[10]  Also, people in other countries have hated American “brashness” for decades, and are repulsed by it; and then there are our adversaries and enemies.  Some detractors and their countries have been living off the United States’ financial and military largesse—or the “dole”—and do not want to have it end.

Perhaps an editorial of The New York Sun puts the future American political climate in stark relief:

The showdown that is brewing between Attorney General William Barr and the House Judiciary Committee poses enormous dangers for President Trump. It might not look that way at first blush. The feud, after all, is ostensibly over the terms under which Mr. Barr is to testify before the House about the report from the special prosecutor, Robert Mueller. It has yet to ripen into a formal impeachment proceeding.

Mr. Barr might be able to win this fight. He is merely resisting the idea that he is to be questioned not only by the honorable congresspersons but also by lawyers for the committee. It looks to us like he should never have agreed to share the Mueller report with the Congress in the first place. It’s an internal executive branch document. Even so he might be able to prevail against the House.

Particularly because of the Holder precedent. Mr. Holder is the only attorney general in history to have defied a congressional subpoena and to be found in contempt. Not just any nickel-plated civil contempt but criminal contempt of Congress. President Obama’s Justice Department balked at prosecution, and Mr. Holder walked. He claims to have been embarrassed, but he’s a free man.

Mssrs. Trump and Barr might be able to get away with that. We’re not inclined to draw a lot of distinctions between the goose and the gander. If what’s going on in the House ripens into an impeachment investigation, though, all bets are off. That’s because of distinctions that have been drawn in our republic all the way back to Presidents George Washington and James Polk.

Both Washington and Polk acknowledged that once an impeachment process is started, the House becomes essentially irresistible. A study in 2001 by the Congressional Research Service recalls the fight over the Jay Treaty that President Washington struck with Britain. Washington denied the House access to his papers, saying they could be legitimately requested only in a case of impeachment.

President Polk, CRS reported, went further. He said that in an impeachment, “the power of the House” would “penetrate into the most secret recesses of the Executive Department. It could command the attendance of any and every agent of the Government, and compel them to produce all papers, public or private, official or unofficial, and to testify on oath to all facts within their knowledge.”

Plus, too, mark this: Refusal to comply with a subpoena is charge that was laid against President Nixon in the third of the articles of impeachment voted out by the Judiciary Committee in 1974. Article Three charged that Nixon had “failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary.”

In the case of Nixon, the House never sent articles of impeachment to the Senate. Instead, Republicans in the Senate panicked and sent a delegation to the White House to tell Nixon they were going to vote against him. It was a shocking default by weak senators. It would be as if jurors, acting before charges were handed up, told the suspect to plead guilty. It did, though, precipitate Nixon’s resignation.

We’re not suggesting Mr. Trump should be impeached. He has been cleared of the underlying charge of colluding with the Russ camarilla. The obstruction being investigated is, at best, ambiguous. That doesn’t mean, though, that the president is out of danger. Once the House moves to a formal impeachment proceeding, the constitutional afterburners kick in and Mr. Trump could easily be bound over to a trial in the Senate.[11]

Regardless of exactly how future events unfold, having lived through Watergate—beginning just before, and culminating after I left the U.S. Senate—the human toll and national tragedy that might befall Americans and our great nation again cannot be minimized, underestimated or appreciated fully.  And yes, our enemies globally are salivating.

This was all unleashed by Barack Obama, Robert Mueller and others, who must pay the ultimate price for their treasonous conduct.  Unless and until this happens, no American should believe in our legal system—or that justice exists in the United States—ever again.[12]

 

 

© 2019, Timothy D. Naegele

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[1]  Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g., www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2]  See, e.g., https://naegeleblog.wordpress.com/2019/02/06/the-state-of-our-union-2019/#comment-16133 (“The Real Scandal Of The Trump Presidency Unravels”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin“) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?“)

[3]  See https://naegeleblog.wordpress.com/about/#comment-861 (“What Is This Blog All About?”)

[4]  See https://en.wikipedia.org/wiki/Republican_In_Name_Only (“Republican In Name Only”)

[5]  Romney was Massachusetts’ governor.  Then he switched, and became Utah’s U.S. Senator.

See, e.g., https://naegeleblog.wordpress.com/2019/02/06/the-state-of-our-union-2019/#comment-16193 (“Republican Neanderthals”) and https://naegeleblog.wordpress.com/2018/07/29/it-is-time-for-trump-supporters-to-fight-back/#comment-15494 (“Paul Ryan: The GOP’s Devil Incarnate”)

[6]  See, e.g., https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ (“Is Barack Obama A Racist?”) (see also the extensive comments beneath the article) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?”) and https://naegeleblog.wordpress.com/2014/01/06/ariel-sharon-is-missed/#comment-12626 (“DEMOCRATS ARE ANTI-SEMITES”)

[7]  See, e.g., https://naegeleblog.wordpress.com/2015/12/11/boycott-the-gop-and-ignore-foreign-naysayers/ (“Boycott The GOP And Ignore Foreign Naysayers“) and https://naegeleblog.wordpress.com/2017/01/04/the-president-and-first-lady/ (“The President And First Lady“) and https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/ (“America’s Newest Civil War: 2017 And Beyond“) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin“) and https://naegeleblog.wordpress.com/2018/03/11/robert-mueller-should-be-executed-for-treason/ (“Robert Mueller Should Be Executed For Treason“) and https://naegeleblog.wordpress.com/2018/05/06/what-atrocities-did-robert-mueller-commit-in-vietnam/ (“What Atrocities Did Robert Mueller Commit In Vietnam?“) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?“) and https://naegeleblog.wordpress.com/2018/06/15/the-department-of-injustices-inspector-general-is-complicit-in-the-deep-state-cover-up/ (“The Department Of Injustice’s Inspector General Is Complicit In The Deep-State Cover-Up!“) and https://naegeleblog.wordpress.com/2018/07/20/the-american-lefts-feeding-frenzy/ (“The American Left’s Feeding Frenzy“) and https://naegeleblog.wordpress.com/2018/07/29/it-is-time-for-trump-supporters-to-fight-back/ (“It Is Time For Trump Supporters To Fight Back“) and https://naegeleblog.wordpress.com/2018/09/17/has-jeff-sessions-harmed-america-irreparably/ (“Has Jeff Sessions Harmed America Irreparably?“)

[8]  See, e.g., https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/#comment-17018 (“The Second American Civil War”)

[9]  See https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/ (“EMP Attack: Only 30 Million Americans Survive”) (footnote omitted); see also https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/#comment-16961 (“Media Madness Is Crippling America”) and https://naegeleblog.wordpress.com/2019/03/24/the-mueller-witch-hunt-is-over/#comment-16628 (“White House Warns of Nation-Ending EMP Attacks On USA”) and https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/#comment-16203 (“While The Democrats Seek To Destroy President Trump, He Tries To End The Threat To Americans Of A North Korean Nuclear Holocaust”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-15839 (“Will The United States And Israel Cease To Exist?”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-15354 (“Military Warns EMP Attack Could Wipe Out America, Democracy, World Order”) and https://naegeleblog.wordpress.com/2015/11/29/the-death-of-putin-and-russia-the-final-chapter-of-the-cold-war/#comment-14472 (“America’s Politicians Fret Over Russia And Our Elections, Instead Of Real Threats To Our Power Grid”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-12535 (“North Korea Won The Battle Against America’s EMP Commission”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-11760 (“We Must Move NOW To Protect America’s Power Grid From A Nation-Ending EMP Attack!”) and https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/#comment-10807 (“South Korean Banks Brace For EMP Attack”)

[10]  See, e.g., https://en.wikipedia.org/wiki/Trump_derangement_syndrome (“Trump derangement syndrome”)

[11]  See https://www.nysun.com/editorials/trump-is-entering-the-danger-zone/90664/ (“Trump Is Entering the Danger Zone”)

[12]  See, e.g., https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/ (“The Mueller Report: A Monumental Travesty”)

Robert Mueller Should Be Executed For Treason

 By Timothy D. Naegele[1]

The crime of treason against the United States is punishable by imprisonment or death.  Article III, Section 3 of our Constitution defines treason and its punishment:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.[2]

The United States Code states at 18 U.S.C. § 2381:

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.[3][4]

As FBI Director, Robert Mueller was a co-conspirator and complicit in the “Uranium One”-Russian-Clinton scandal, involving the payment by Russia’s killer Vladimir Putin[5] (directly or indirectly) of approximately $145 million to former President Bill Clinton and former Secretary of State and presidential candidate Hillary Clinton, and their foundation—in exchange for the transfer of 20 percent of America’s critical Uranium assets to Russia.[6]  This is undisputed.

Putin kills people. He does not authorize the payment of a penny, much less $145 million, without expecting results—which he and Russia received in spades.  As FBI Director, what did Mueller know and when did he know it?  And what, if anything, did he do to prevent both the Clinton payments and the Uranium transfers?

Also, there are reasons to believe that Mueller has conspired and continues to conspire with Rod Rosenstein and others to reverse the results of the last American presidential election.  This alone constitutes treason, which is punishable by imprisonment or death.  And a multitude of other crimes have been perpetrated by them.[7]

These are not idle or frivolous statements, but contentions that go to the very essence of our great nation’s constitutional republic.  Indeed, it is posited that no greater internal threat to our nation’s existence has occurred since its founding.  Even our Civil War was a war of secession by the South, not a war to alter our form of democratic government.

Mueller and his co-conspirators have given aid and comfort to our enemies by trying to bring down the duly-elected presidency of Donald Trump.  Their efforts and funding should be cease immediately; all of their ongoing activities should be turned over to rank-and-file employees of the U.S. Department of Justice (DOJ)[8]; and they should be prosecuted.

The DOJ and FBI corrupted an American election, and the wrongdoers must be brought to justice.  To make certain that it never happens again, an example must be made of Mueller, not dissimilar to that of Benito Mussolini in Italy during World War II.  He must be prosecuted for treason and other crimes, convicted, and executed—to send the message of “Never Again” far and wide.

 

 

[See also “What Atrocities Did Robert Mueller Commit In Vietnam?“]

 

© 2018, Timothy D. Naegele

 

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[1]  Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/documents/TimothyD.NaegeleResume.pdf). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g., www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2]  See https://www.law.cornell.edu/constitution/articleiii#section3

[3]  See https://www.law.cornell.edu/uscode/text/18/2381

[4]  Possibly the last person charged with and executed for treason was Adam Yahiye Gadahn “for videos in which he appeared as a spokesman for al-Qaeda and threatened attacks on American soil.  He was killed on January 19, 2015 in an unmanned aircraft (drone) strike in Waziristan, Pakistan.”

See https://en.wikipedia.org/wiki/Treason#United_States

[5]  See https://naegeleblog.wordpress.com/2015/11/29/the-death-of-putin-and-russia-the-final-chapter-of-the-cold-war/ (“The Death Of Putin And Russia: The Final Chapter Of The Cold War”)

[6]  See https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin”)

[7]  See, e.g., https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/#comment-11898 (“WILL BARACK OBAMA GO TO PRISON?”) and https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/#comment-11876 (“A Reckoning For The Corrupt DOJ, FBI And Robert Mueller”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/#comment-11824 (“As FBI Director, Mueller Helped Cover Up Fla. 9/11 Probe, Court Docs Show”) and https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/#comment-11741 (“BARACK OBAMA’S FAILED, CHAOTIC, RACIST AND TREASONOUS PRESIDENCY’S FINAL DAYS”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/#comment-11728 (“Remove, Disbar, And Prosecute Robert Mueller!”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/#comment-11664 (“The Designated Target Of A TREASONOUS Elite FBI Cabal: The President Of The United States”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/#comment-11487 (“THE FACE OF EVIL: ROBERT MUELLER”)

[8]  See https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”)

The United States Department of Injustice

 By Timothy D. Naegele[1]

The truth has begun to come out about the federal prosecution of former United States Senator Ted Stevens of Alaska. In an article entitled, “Inquiry slams prosecution of Stevens corruption case by Justice Department,” the Washington Times reported:

Justice Department prosecutors bungled the investigation and prosecution of Sen. Ted Stevens, a probe that was permeated by the “systematic concealment of significant exculpatory evidence,” in some instances intentionally, that would have independently corroborated his defense and testimony, a court-ordered report released Thursday says.

In a blistering 514-page report, Special Counsel Henry F. Schuelke III said Justice Department prosecutors never conducted a comprehensive review of evidence favorable to the Alaska Republican and failed to disclose to defense attorneys notes of witness interviews containing significant information.

The report also says two federal prosecutors intentionally withheld and concealed significant information from the Stevens defense team that would have seriously damaged the testimony and credibility of the government’s key witness.

Months after a jury convicted Stevens in October 2008 of accepting and concealing money for home renovations and other gifts, the report says, a new team of prosecutors discovered, in short order, that some of the exculpatory information had been withheld. At that point, it says, the Justice Department moved to set aside the verdict and dismiss an indictment with prejudice.

New prosecutors were assigned after U.S. District Judge Emmet G. Sullivan, in a stunning rebuke, held two prosecutors in contempt for failing to comply with the court’s order to disclose information to Stevens‘ attorneys and to the court regarding allegations of prosecutorial misconduct, which were made after trial by an FBI agent who worked on the case.

In throwing out the case against Stevens, Judge Sullivan said, “For nearly 25 years, I’ve told defendants appearing before me that in my courtroom they will receive a fair trial and I will make sure of it. In nearly 25 years on the bench, I have never seen anything approaching the mishandling and the misconduct I have seen in this case.”

. . .

The Schuelke investigation lasted two years and involved the examination and analysis of more than 128,000 pages of documents, including the trial record, prosecutors’ and agents’ emails, FBI reports and handwritten notes, and depositions of prosecutors, agents and others.

. . .

Since the Stevens case was dismissed, [Justice Department spokeswoman Laura Sweeney] said, the department has instituted a “sweeping training curriculum for all federal prosecutors and has taken “unprecedented steps” to ensure that prosecutors, agents and paralegals have the necessary training and resources to properly fulfill their discovery and ethics obligations.

“Justice is served only when all parties adhere to the rules and case law that govern our criminal justice system,” she said. “While the department meets its discovery obligations in nearly all cases, even one failure is one too many.

“But it would be an injustice of a different kind for the thousands of men and women who spend their lives fighting to uphold the law and keep our communities safe to be tainted by the misguided notion that instances of intentional prosecutorial misconduct are anything but rare occurrences,” she said.

Kenneth L. Wainstein, counsel for Alaska federal prosecutor Joe Bottini, said the nation’s criminal justice system is based on principles of fairness and due process and the fundamental requirement that criminal accusations should be leveled only when a person intentionally violates the law and not when one simply makes mistakes.

. . .

The Schuelke report does not recommend that any criminal charges be brought, but blames prosecutors for intentionally withholding and concealing evidence.[2]

It is another travesty and miscarriage of justice that the wrongdoers within the so-called “Justice Department” have not been subjected to criminal prosecution, convicted, and sent to prisons—where true justice will be meted out—instead of getting “slaps on the wrist” for their criminal conduct.

While Judge Sullivan’s words and actions have been commendable, the Stevens case is not an isolated incident of the Criminal Division’s wrongdoing. Tragically, adequate resources do not exist to ferret out the depth of the Criminal Division’s wrongdoing, or to bring its corrupt lawyers and others—such as FBI agents—to justice.

At best, Sweeney’s comments constitute lies, obfuscation and a perpetuation of the Criminal Division’s cover-up of the systemic corruption within its ranks. The same thing is true of Wainstein’s comments.

As I have written:

[A]buse of our criminal justice system by prosecutors is “unreal” today. According to one civil trial attorney with years of experience, it is akin to “KGB material”—as rogue prosecutors go after innocent people and try to convict and imprison them.

. . .

“[L]awyers who are prosecutors are often less interested in fairness and justice than they are in winning at all costs, and exercising their raw power and hurting others in the process—such as those who are innocent but are convicted anyway.”

. . .

And I added:

“A federal official with reason to know told me that between 15-20 percent of the indictees in federal courts are probably innocent. Some are seniors who have been charged with cheating the Social Security program, and they are scared to death, so they agree to plea bargains rather than fight for their innocence.”

Anyone who honestly thinks that prosecutors are advocates of truth and justice is living in a “Mary Poppins,” fantasy world, and knows nothing about how our legal system really operates. The truth about this system is not found by watching TV shows or films. Indeed, it is seldom if ever discussed or written about, yet it is often said—by lawyers—that the only thing separating prosecutors from guilty criminals is the “badge.”

Lastly, how many innocent people have been wrongly executed for crimes they did not commit? Even more startling may be the number of innocent people who have been wrongly convicted and imprisoned. Perhaps the best remedy for such abuses is to have the “guilty” prosecutors incarcerated; and let justice be meted out with respect to them, by those in prisons.[3][4]

In a long-overdue editorial entitled, “Department of Injustice”—and subtitled, “Prosecutors in the Stevens case deserve severe sanctions”—the Wall Street Journal added:

Something is very rotten at the U.S. Department of Justice. No other reasonable conclusion can be drawn from an independent report on the 2008 prosecution of then-Senator Ted Stevens.

. . .

Most damaging to Justice’s credibility is that, three years after Judge Sullivan set aside the guilty verdicts against Stevens, the department still hasn’t disciplined the men and women involved. Nor has it instituted harsher penalties for future abuses. Attorney General Eric Holder told a Senate committee last week that a separate internal inquiry at Justice is almost done, but he would not promise to make all the results public.

Speaking of public scrutiny, you’ve probably never heard of Matthew Friedrich, Rita Glavin, Brenda Morris, Joseph Bottini, James Goeke or Edward Sullivan. But maybe more people should know them, and learn the various roles they played in a prosecution that not only trampled on the rights of the accused, but denied the people of Alaska a fair election and literally shifted the balance of power in the U.S. government.

. . .

Guilty verdicts against the Republican Stevens arrived less than two weeks before Election Day in 2008, causing the previously popular Senator to lose a close race to Democrat Mark Begich. Mr. Begich would go on to provide the 60th Senate vote to pass ObamaCare in 2009.

Virtually the entire case against Ted Stevens hinged on the testimony of the government’s star witness, VECO Corporation CEO William Allen. To protect his credibility, prosecutors withheld from the defense evidence that he had suborned perjury in a separate criminal investigation. Nor did prosecutors say a word in court when, according to the report, Mr. Allen offered testimony that the prosecution knew to be false.

The government’s seven-count indictment for false statements accused Stevens of accepting free home renovations from Mr. Allen’s company and then not reporting these gifts on federal disclosure forms.

Mr. Stevens and his wife said they had paid $160,000 for the renovations and as far as they knew that was the total cost of the work. What the prosecutors learned in interviewing witnesses—but never shared with the defense—is that even the foreman on the job site shared the Stevens’ understanding that they had been appropriately billed for all the work. Instead of sharing this evidence supporting Stevens’s defense, prosecutors selectively quoted the foreman to make it appear as if he had said the opposite, and they used his comments to falsely attack Stevens.

. . .

It would be nice to think these abuses were rare lapses. But we wonder what else we might learn if every DOJ prosecution was subjected to a review like the one Judge Sullivan wisely demanded.

. . .

Americans hand prosecutors an awesome power—the power to destroy fortunes and futures, and in this case to reallocate national political power. We are seeing a pattern of abuse of this power, in order to win big cases. To help prosecutors remember that their job is to do justice and not simply to beat the defense team, there should be automatic and severe penalties for Brady violations. Prosecutors could also be required to turn over more raw data with potentially exculpatory evidence, except in cases where it threatens national security or endangers witnesses in a criminal case.

Mr. Holder claims to have addressed the problems in the Stevens case by expanding training programs and the like. But as the nation’s chief law enforcer, he should know that harsh punishment is the appropriate response when anyone violates the rights of a citizen as badly as prosecutors did in the Stevens case.[5]

Why should anyone be the least bit surprised that the Justice Department’s Criminal Division is corrupt?  Like the fish rots from the head down, the Criminal Division does as well. Anyone who differs with this conclusion has never dealt with the Division, its lawyers, or their injustices.

© 2012, Timothy D. Naegele

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[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.washingtontimes.com/news/2012/mar/15/inquiry-slams-prosecution-stevens-case-justice-dep

[3] See also http://www.usatoday.com/news/washington/story/2012-02-06/ted-stevens-prosecutors-justice-department/52922922/1 (“Taxpayers pay to defend prosecutors in Ted Stevens case“)

[4] See https://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/#comment-1700 (emphasis in original)

[5] See http://online.wsj.com/article/SB10001424052702304459804577283371409080312.html?grcc=b0ae03d96c2400ec757f4df24c4ff8bcZ0&mod=WSJ_hpp_sections_opinion (emphasis added); see also http://blogs.wsj.com/law/2012/03/15/law-blog-doc-dump-ted-stevens-investigative-report/