Sadly the horrors committed by the Department of Justice’s prosecutors in Boston continue. Grand jury leaks to the Boston Globe continue unabated. Despite such actions being criminal no investigation occurs. When the law enforcers become the law breakers cloaked in the cape of impunity our liberties are at risk.
The leaks as we know are nothing new. The failure to stem or investigate them has persisted over a long period of time. No one is held accountable.
The prosecutors purpose is to wrongly aid one particular newspaper over others in exchange for that paper closing its eyes to sordid actions by the prosecutors as when they tried to steal the Caswell Motel from its owner; and, to set out adverse publicity against the target of the probe unfairly prejudicing him or her in the eyes of the public.
One only has to go back to the time when Billy Bulger was being investigated. There members of that paper were in continuing contact with federal agents urging them not to close out their investigation after no crimes were found. Later the prosecutor’s office leaked his grand jury minutes solely to cause him embarrassment.
It’s bad enough the U S Attorney’s office disregards the rules for the grand jury, they also disregard our Constitution. Our Founders wrote into our Constitution a basic right that no person be put in jeopardy twice for the same crime. In the case against the much beleaguered FBI Agent John Connolly the same case which these prosecutors failed to prove in Boston was again tried by the same prosecutors in Florida.
Now we see the prosecution of John O’Brien is recommending. He was convicted of patronage which I expect to be reversed. He is now being forced to testify before a grand jury. The same prosecutors who tried to send him to prison for many years will force him to testify. If he doesn’t he’ll be sent to prison.
What’s going on here? When was this ever done against Mafia figures? Terrorists? Gang-bangers? Large scale drug dealers? Relatives of congressmen? Gangsters? Since when are people who are tried and convicted or acquitted dragged back into the court to try to punish them again. Isn’t this just a cute way of punishing a person twice for the same act?
One of America’s great Justices Robert Jackson’s description of what a prosecutor should be shows us how far the Boston federal prosecutor have roamed astray. Jackson said a “citizen’s safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility.”
The prosecutors actions are particularly egregious in O’Brien’s case because the prosecutors are clearly motivated by an animus against him. They are angry and vindictive. Look at their actions in light of Justice Jackson’s words. We have prosecutors gone wild like those girls on spring break; we have prosecutors with axes to grind using the grand jury as an instrument to punish people they don’t like.
The idea behind Double Jeopardy has to be that one gets to resume his life after one prosecution. No person should not be subject to endless harassment based on the ill will of prosecutors. Unfortunately for the folks in Boston prosecutors turn a blind eye to the law and Constitution and run like rabid unrestrained dogs.
Going after O’Brien is particularly cruel. Since the Globe wrote about him giving out jobs based on recommendations by politicians he was fired, tried in state court before a jury where he was acquitted; he was tried in federal court where the evidence against him was nothing more that he gave out some jobs based on recommendations by judges and legislators. He was convicted, sentenced to 18 months in prison, much less than the six years for this non violent crime that the prosecutors sought.
He has appealed that conviction.The ongoing attack on him deserves our condemnation. No one suggested O’Brien personally benefited from his actions – he put not a penny in his pocket. He’s in his late Fifties and has never been in trouble outside of this matter. Even his sentencing judge called him a decent person. Is there so little crime in this area that these prosecutors have little else to do than to keep beating up on this man? Isn’t the sinister relationship between the prosecutors and that newspaper depriving Boston of a fair and impartial judicial system?