It is shocking how the Boston U.S. Attorney’s office is passing on information to the Boston Globe during a grand jury investigation. At one time these matters were supposed to be secret. Not in Boston; and not for a long time.
Rule 6 of the Federal Rules of Criminal Procedure reads: “The Grand Jury: (e)(2) (B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury: (i) a grand juror; (ii) an interpreter;(iii) a court reporter;(iv) an operator of a recording device;(v) a person who transcribes recorded testimony;(vi) an attorney for the government; or (vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).
There is no exception that authorizes leaks to the news media. None. The penalty for violating the trust of all Americans who allow them to know those secrets is: “Contempt. A knowing violation of Rule 6, . . . may be punished as a contempt of court. “
That is the charge that sent Catherine Greig to prison for 9 months because she was Whitey Bulger’s girlfriend. This April 28 the same federal prosecutors office leaking to the Globe is asking she be sent for more years to prison for criminal contempt. She has already broken the World’s record for doing time because she was the girlfriend of a gangster on the lam: 4 years of an 8 year sentence. The judge has told her he could put her away for life. Who knew the perils of love!
This prosecutor’s office pushing this is unbelievably engaged in activity of contempt itself. But here’s the catch. The people doing the leaking are the ones that must institute the contempt action. That is, Ortiz’s office must file to hold themselves in contempt. Of course that is a ridiculous notion. That is why its actions in disclosing secret information is so abhorrent because it does it knowing it has impunity. Yet if another person did it the same office would move to punish him or her with imprisonment.
I’ve written often about the unhealthy relationship between the local media, especially the Boston Globe, and the Boston U.S. attorney’s office. It has entered into a conspiracy amounting close to a violation of the Racketeering Statute. One entity covers up for the other. Our media rather than protecting us from governmental abuse abets it. It benefits from this. It gains this secret information in exchange for giving carte blanche to the Boston U.S. attorney’s office to run amok.
The people are not stupid They are disgusted with situations like this where laws are violated by the law enforcers with as much impunity as a dictator in what used to be called banana republics. In their frustrations seeing these people acting above the law the trumpeted the candidacy of a a vile brash ignoramus; a leftist former S.D.S supporter who went on his honeymoon to the Soviet Union; and two other known fabricators.
You know I speak of the ongoing leaks to the Globe reporters of the matters involving Senator Brian Joyce. Shelley Murphy who was the reporter who received the leaked transcript of Bill Bulger’s testimony is again implicit in this. Joyce’s attorney averred: “Senator Joyce repeats that he believes he has done nothing wrong.” Unfortunately for Joyce, his attorney, if the reports are true mistakenly advised Joyce to fully cooperate. He threw the lamb Joyce into a den of lions.
Now his lawyer complains: “The real story here is whether this critical secrecy rule is being violated and, if so, by whom.” That’s no story. That’s routine in Boston and routine isn’t a story. Where has he been?
Too bad he didn’t follow this blog or he would have known the procedure.
Step 1: The Globe targets a person. Here it started after Joyce.
Step 2: Boston U.S. Attorney Ortiz will follow the Globe’s target and conduct a grand jury investigation.
Step 3: It will feed information from the grand jury back to the Globe to continue its attacks on the target and blacken the target’s reputation.
Step 4, The Globe and U.S. attorney will decide the charges that will follow. If two others can be implicated in any aspect the charge will be for racketeering.
Step 5. Joyce will be given a choice: fight them and do a Sal DiMasi-type sentence around 8 years; fold and you’ll be out in a year or two.
History teaches this result was foreordained from the gitgo. All who follow this blog knew that if you smell anything like this happening these are the rules to follow:.
Rule 1: Keep quiet.
Rule 2: Say nothing to federal investigators.
Rule 3: Take the Fifth (some would suggest you may want to drink a fifth.)
Rule 4: Check your passport.
Poor Joyce. He’s doomed. He may be well advised to check to see if Ireland has an extradition treaty with the United States.
Can a federal judge respond to a complaint brought by an ordinary citizen regarding these “leaks”.
How can the Worlds Greatest Newspaper publish when they are the recipients mentioned above?
“Lefty” Hutch (but not as smart as Russ).
Paul:
1. I don’t think an ordinary citizen can bring a complaint about leaks. There has to be what is called standing; you have to somehow be individually aggrieved by the matter rather than a member of the general public. I suppose someone like Joyce could do it and seek to be heard. That would add to any sentence that the prosecutor would recommend. He imposed so he would be reluctant to do it because it could not benefit him and possibly add to his time.
The Globe like the federal prosecutors have no fear. Who can harm it. It’s got the Constitutional guarantee of free speech and the Boston U.S. attorney’s office of freedom from interference. Who can stop it or its owners raising the rates of Red Sox tickets.
No one is as smart as “the Russ.” He is a unique person. Too smart for most of us humans to appreciate. A true free spirit who marched to his own drummer who beat a tune that most of us could not hear and even if we did could not understand. A really good guy; a perpetual smile on his face; as kind as any person I ever knew, much misunderstood,but always fun to be with. I still remember going with him and Gerry Doherty (RIP) to visit Brandeis University at the invitation of some freshman when we were in our early years in high school. Been friends with him since then. Good memories.
Do the rules of civil procedure apply in Seattle?
2 stories
2 FBI agent sex offenders
1.
Child porn-collecting FBI partner on track to dodge jail
Seattle head of FBI/private industry group hopes to return to home across from Ballard elementary school
Wednesday, April 6 2016
A cybersecurity taskforce chief turned child pornography collector seems poised to dodge prison – and live across the street from a Seattle elementary school.
Before agents arrived at his house across from Ballard’s West Woodland Elementary School, security consultant Brian Haller led the Seattle chapter of an FBI/private-sector group tasked with fighting computer crime and cyberterrorism. Haller had access to a secure FBI online platform and email system, though he is not alleged to have used either to collect child porn.
Haller was one of the smaller fish caught in an expansive FBI sting last year. Agents found the law enforcement insider used a “dark web” service – a Tor network site – to collect 600 files capturing the sexual abuse and exploitation of countless children.
Usually, Haller’s crimes would carry a five-year prison term. Instead, federal prosecutors have asked that Haller, 40, be spared even jail time when he is sentenced Friday for possession of child pornography.
Prosecutors are officially mute on a request from Haller’s attorney that he be allowed to return to his home across from West Woodland Elementary. A psychologist hired by Haller argues the children there will be safe so long as Haller covers his windows and isn’t outside
The judge in the case is Robert Bryan.
The Honorable Robert J. Bryan United States Courthouse 1717 Pacific Avenue, Room 3100. Tacoma, WA 98402-3200. Chambers: (253) 882-3870. Judicial …
see ticklethewire for link or seattlepi
2.
FBI agent doesn’t have to register as sex offender for peeping Tom incidents in Hershey, elsewhere, court says | PennLivel
Jul 11, 2014 – Ryan Seese received a prison term for sneaking into women’s … Superior Court concluded that Seese isn’t subject to sex offender registration …
MS
Go to https://mattofboston.com/poof-93561/ Go through comments to one by Bob Fitz. You could reply to him through that way.
Extradition from Ireland to non-EU Countries
You may be extradited from Ireland to countries with which Ireland has extradition agreements where certain conditions are met.
The most important conditions are:
You are charged with an offence: punished by imprisonment in Ireland and in the other country for at least a year. Or, you are convicted of such an offence, and a sentence of at least four months has been imposed. This principle, that the offence must be the same in the two countries is known as the principle of dual criminality. You may not be extradited if you are going to be held in custody for the purpose of investigation.
The offence is not a political offence: or one connected with a political offence. The definition of political offence was initially quite wide but has now been narrowed considerably. In general, it does not include terrorist type offences.
The death penalty does not apply to the offence.
The authorities in the other country requesting your extradition from Ireland, apply to the Minister for Justice and Equality for your extradition. All extradition proceedings are then dealt with by the High Court. The usual rules in relation to criminal trials apply to extradition proceedings.
http://www.justice.ie/en/JELR/Extradition%20-%20A%20Guide%20to%20Procedures%20in%20Ireland.pdf/Files/Extradition%20-%20A%20Guide%20to%20Procedures%20in%20Ireland.pdf
Hi Matt, another great post, but was there a scriveners error in Step 5 in reference to Sal?
TCM
Tom:
Thanks – fixed it – hope Sal P isn’t mad at me.
Matt, my friend Sal D. not the handball player Sal P.
Bill:
True –
Matt: you don’t mean Sal Paterno. Edit!!!
Bill:
Thanks – corrected – know both of them – always thought both were good guys – felt sad for DiMasi
“…file to hold themselves in contempt.”
Matt, I find it amazing (maybe I shouldn’t) that the average citizen has no standing to take legal action in this matter.
Of course, we could speak up and try to do something…and thereby let “Los Federales” dominate the rest of our lives.
GOK:
The grand jury abuse could be remedied by the judges under which it operates but they seem disinclined to do anything about the abuse. Is it because most of them were former prosecutors and they whole set up makes them forget they have a role to play in making sure the public is not abused.