I’ve suggested that the prosecution of John Connolly for the same crime in the federal government where he was acquitted and then again in the state of Florida where he was convicted was double jeopardy which is forbidden by our Constitution. There is an exception to the idea a person cannot be put in jeopardy twice for one act. It is when two sovereigns are involved, here we engage in the fiction that the United States and Florida are independent of each other.
It is argued although Connolly was acquitted in a U.S. court, he can still be tried in a Florida court. That may be so in some cases but in Connolly’s case the truth is that there was only one sovereign involved. The same group of prosecutors were involved in both cases; and, that Florida because of the enormous amounts of federal money received by that state for law enforcement is really too highly interconnected with the federal government so that under circumstances like this case it cannot be considered a separate sovereign.
Exhibit one is the Todashev case. We see in Ibrahim Todashev’s case the Florida authorities are the handmaiden of the FBI. They refuse to even investigate a killing over which they have jurisdiction until the FBI tells them they can do it. (They quickly got permission in Connolly’s case.) They refuse to release an autopsy report of the decedent until the FBI gives them an OK. These actions clearly diminishes any idea of it being a separate sovereign.
John Connolly’s case is replete with error aside from those that do not come within the purview of the Florida courts. I’ll briefly mention two that sit squarely in the federals lap. First, as just mentioned, the same prosecution team that tried Connolly in federal court in Boston and lost on the issue of leaking information about Callahan to Whitey and his friends tried the same issue again in Florida. Strangely, as far as I can tell, this issue was never raised by is Florida attorneys.
Also both the federal district and appeals court in Boston have held the FBI liable for Connolly’s actions because they believed he was acting in accordance with the mandates of his job. If that is the case, the federal government should have stopped the Florida prosecution pursuant to the Supremacy Clause of the United States Constitution which protects a person acting for the federal government from a state prosecution. We know why the federals didn’t try to stop the Florida prosecution. It is because they were doing it. It would be inane to try to stop itself from doing what it wanted to do. This position deprived Connolly of substantial Constitutional rights but when you are POOF that is what happens. Those who swear to defend the Constitution look the other way.
Connolly was betrayed by his job, the FBI, which sought to hide all the evil inherent in its program of using top echelon informants. By suggesting Connolly went off the ranch and became a rogue agent the evil of that program can be hidden. The Department of Justice and the State of Florida, both entities controlled by the FBI, went along with this Potemkin-type prosecution.
This makes me shiver when I think of how arbitrary the law has been applied to Connolly. Keep in mind, he never murdered anyone. At best the government can suggest is that he told people something they already knew and those people murdered Callahan. The government alleges Connolly wanted Callahan murdered because Callahan could compromise him. This is an allegation without any substance. There is nothing Callahan knew about Connolly that could have brought about that result.
But the most gross aspect of Connolly’s continuing imprisonment is the total injustice involved. After spending 23 years as an FBI agent who accrued much praise for his work, he will spend the rest of his life in prison. Those in this same group of people who spent all of their lives in crime and who were convicted of murdering people or who evidence shows were involved in murders are walking the streets all having done less time in prison than Connolly.
I suggest a little sunlight should also be cast on the federals. But as we know quite well the Black Hole FBI sucks in any and all light. It is impervious to any light ever coming forth. We only know what it wants us to know, nothing close to the truth.
I finally figured out why Brandeis’s words were not heeded by the FBI. He is listed in the FBI’s secret files as a Communist. J.Edgar Hoover spent his lifetime looking for Communists and destroying them. Hoover must have figured that when Brandeis mentioned sunlight as a disinfectant that was some type of Communist plot. Hoover decided that the FBI would never let sunlight in less the Communists get a foot in the door.