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?
It makes ya sick fachrissakes. In my day nothing was on the level, but nobody got rich playin the game. Every one of these boobs is corrupt to the core, including St John O’Brien and most of the Legislature and the Judiciary. They won’t stop stealing until the Commonwealth files for Bankruptcy, and the unfunded pension liabilities alone might bring that about. Can you say 10% income tax? How many young people, not part of the conspiracy, do you think will stick around to pay for this madness?
It’s all blackmail and “Graymail” where do many high level DOJ officials (including Gary Crossen, Bob Mueller, Dennis Condon, Bill Weld, and two judges) were personally involved in not only the Winter Hill murders and cover-ups but also other domestic informant aided murders. They leverage the disclosure of this so-called “classified” information. My view is Wyshak has been able to survive in part because of Bob Mueller and especially Deputy Attorney General Dave Margolis, whom runs the day to day operations of the DOJ for 40 years.
Wyshak is a whack job. Who is his boss?
There were objective Washington DC based investigations by the U.S. Dep’t of Labor, Office, Office of Inspections and Special Investigations (OISI), ICE-OPR, FBI-OPR, ATF-OPR and DEA-OPR into the U.S. Attorney’s Office grand jury “leaks” as well as agents selling immunity for $50,000 by making them Confidential Human Sources (CHS), agent selling drugs, stealing money, false reports, perjury and obstruction of Justice. To obstruct the legitimate WashDC internal investigations a sham Worcester grand jury was empaneled by DOJ Special Attorney John Durham (AUSA Fred Wyshak’s sidepiece) until the 5 year statute of limitations had passed in 2008. Wyshak essentially took the 5th and refused to cooperate after helping the agents implicated with Wyshak, AUSA Brian Kelly, DOL agent Steve Mitchell, DEA agent Joe Desmond, whom were implicated by whistleblowers that included a Bulger-Teamster ASAC Dennis Kurdek. There were tons of bribes involved as well as a CIA-FBI contractor Mike Taylor, AMERICAN INTERNATIONAL SECURITY whom the agents were working for part time. Taylor was immunized by Wyshak, Theo Chuang and is being sentenced for more bribes with the same agents in Utah, on Monday, March 30, 2015. Shelly Murphy and the Globe were represented by Denise Casper.
The hypocrisy out of the U.S Attorney’s office is staggering.
If “selective prosecution” was against the law none of this would be happening.
If there was a “real and actual” penalty for prosecutorial misconduct by any AUSA, in the form of felony perjury, fabricating evidence, withholding evidence, retaliation and retaliatory frame ups against federal employees refusing to join in with public corruption, theft of honest government services and other “color of law” violations, none of this would be happening.
If the federal courts acted on 18 USC 4, “justice as required” would be meted out accordingly. “Fraud on the court” is a tremendous waste of public resources and should be stopped.
The irony in John O’Brien’s case is that the United States Attorney’s office has been complicit with, perhaps, the biggest promotion fixing scheme in the history of the federal government, designed to cheat highly qualified females and blacks out of merit based promotions and using the court to complete fraudulent acts by “settling these cases on the courthouse steps,” “admitting no wrongdoing” and repeating the process over and over again, subsidized by more than one trillion tax dollars. The collateral damage cannot be quantified.
As an expert government witness against the unwritten policy to encourage egregious promotion fixing and other criminal conduct by certain AUSA’s, I offer myself as a government witness toward misconduct that harms us all.
Signed under the pains and penalties of perjury.
Douglas K. Kinan