The Outrageous Abuse of Mayor Martin Walsh By U.S. Attorney Carmen Ortiz: Stand Up Walsh!

mayor walshCome on Marty, be tough! You are being murdered by the Globe and the U.S. Attorney and are hiding. Where is your courage when you are being walked over and they are doing it in an illegal manner. Stand up for your rights and those of the public.

Here is what we know for sure. There was a federal wiretap back in 2012. By law that wiretap was done pursuant to Title III which permits the interception of individual conversations. That wiretap could only be done under the direction of U.S. Attorney Ortiz and members of her prosecution team. They control what is done with the contents of communications intercepted. These can only be disclosed under specific circumstances. A newspaper is not authorized to have those conversations.

The law sets out the circumstances under which intercepted conversations may be disclosed. The federal prosecutor’s manual states: “Briefly, section 2517(1) authorizes an investigative or law enforcement officer to disclose, without prior court approval, the contents of intercepted communications to another law enforcement or investigative officer, as defined by 18 U.S.C. § 2510(7), to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the information.” (my emphasis)

It goes on to state: “When disclosing and using electronic surveillance information, the government must ensure that the disclosure of the electronic surveillance information does not abridge the privacy rights of parties not charged with any crime, or jeopardize an ongoing criminal investigation.”  (my emphasis)

The disclosure of these materials is serious. It is both a criminal and civil offense. In a legal memorandum discussing the disclosure of Title III material to our intelligence community, the writer says: “disclosure or use of information under these two sections must be “appropriate to the proper performance of the official duties” of the investigative or law enforcement officers involved. A number of courts have stated that, under Title III, any electronic surveillance or subsequent disclosure of Title III information is prohibited unless expressly permitted.(my emphasis)

These communications must be handled with the utmost care. Prosecutors were given the right to intrude upon the privacy of others electronically only under strict conditions concerning the manner in which those conversations may be disclosed. If they cannot follow the law, they should not have the right.

Think of it in personal terms. US attorney Ortiz intercepts Max’s telephone. You call Max. You discuss something personal with him. She leaks the conversation to the paper. You pick up the newspaper and see your conversation printed there.

That is not supposed to happen yet we see that Ortiz has allowed it. She has allowed an unauthorized party the Boston Globe to receive the contents of these interceptions. There is no way to hide that these have come from her office.

It is fair to ask where is U.S. attorney Ortiz in all of this. Is it all right with her that conversations which she was supposed to safeguard have been leaked to the press? Is it her intent to conduct an investigation into who in her office either a prosecutor or someone operating under the direction of her office released these conversations to the media? Does her failure to do this force the belief that she had a hand in their release?

Or is it that Ortiz and her federal prosecutors’ in their last hurrah are so used to violating the law that they have begun to think that they are above the law? Do they believe they can violate the law with impunity because they are the ones who are supposed to enforce the law? Hopefully at a minimum Ortiz’s replacement to be appointed by president-elect Trump will take the oath of office seriously and investigate who in the U.S. attorney’s office over the last half-dozen years has been funneling information to the Boston Globe and remove whoever is involved in it from their positions.

In the meantime this violation of the law is so blatant that it demands a strong response by Mayor Walsh. He should first of all demand an investigation by Ortiz. He should demand that Ortiz seek criminal penalties against those reporters who are wrongfully disclosing the contents of the intercepted communications. Next, he should institute a suit for civil damages against those involved in the release of the information. That suit should involve taking depositions of the reporters to determine how it was they received these conversations and seeking civil damages from them for violating Title III and harming his reputation.

The newspaper suggests this information came from defense counsel. Anyone with a smidgen of knowledge about wiretap investigations knows that defense counsel would not be privy to the information the paper is disclosing at this time unless the prosecutors wrongfully disclosed it.

Take a minute or two to read the latest article on the union investigation being conducted by Ortiz’s office as her swan song. It clearly indicates a close connection between her office and the newspaper. It tells things that only should be known to the prosecutors like: “prosecutors are nearing the conclusion of a sweeping federal investigation;” “according to people familiar with the inquiry;” “key focus of prosecutors.” 

Buck up mayor. Your reputation is at stake. Your career is at stake. Remember God helps those who help themselves.


  1. Been a while, but keep up the great posts. I disagree with a majority of the posts. Seems to me that the best bet is for a the Judge overseeing the current Union prosecutions to step in and order discovery about how these leaks affect the fair trial rights of those defendants. All the RICO talk won’t go anywhere.

    I don’t see anyone else having standing to look into the matter. And Marty, if not indicted, doesn’t have much recourse. Anyone know a federal statute that Marty could use? I don’t.

  2. Was going out with a comedienne of subsequent Hollywood roster note in 1990 . She was an intimate of Hizzonah ‘ Mayor Kevin Hagen White’s Famiglia. He was a favorite of mine. My Son John and I spent Thanksgiving night that year with the Mayor and his family in a very small gathering at his Mount Vernon St. home. I always got a kick out of what he replied to an upper Mt. Vernon St. bluenose the morning he had City guys reversing the Charles St. traffic direction signs. The Mayor Deluxe was kinda leanin” against one on the corner when she asked with steely fury just what gave him the right. It was a cold sunny morning. The kind of morning when you can hear History ring in the sainted Beacon Hill precincts. His reply was crisp and delivered with a sardonic smile :
    ” It”s Great To Be The Mayor ”

    Who knows ? Maybe Marty knows more about marked men than the Federals would ever really want to get into. Marty is…. Marked …. for Greatness. And on this One the Fed’s ain’t got nothing, And everything to lose! 🙂

  3. Frank Skeffington would know what to do.

  4. Voters overwhelmingly approve Oakland Civilian Police Commission
    The commission will be have power to investigate misconduct, discipline officers, and hire and fire the police chief

    Nov 10, 2016

    OAKLAND, Calif. — Voters approved a new civilian police commission to oversee the Oakland Police Department with 82 percent of the vote.

    According to KNTV, the new commission will be have power to investigate officer misconduct, discipline officers, and hire and fire the police chief.

  5. Yes, The Sanctuary City Kid was all over it up in NH. The point is well taken. He has some unusual and powerful advocates in the High Republican Wardroom however. One of Matt’s favorite journalists, Howard Lewis Carr likes him. Love him or hate him, if Carr likes you he will stick by you. He has Donald John Trump’s ear. I would not want to paint it, but it is a small World as the saying has it.

  6. I don’t see any relief coming from the Trump camp, Marty had his people in New Hampshire for the last 8 months every weekend campaigning non stop for Hillary, in all my years working politically I have never seen a push so hard from anyone. He put all his egg’s in the Clinton basket and has come up short. Looks like the end is near.

  7. You write regarding U.S. Attorney Carmen Ortiz about “someone operating under the direction of her office”. Is that as citeable and intoxicating as ““someone operating under the influence of her office”?

  8. Freeh …. Ms.Freeh …stirred yet still unshaken! 🙂

  9. Poesy the word slinger McDonald mea culpa ergo ughum,!

    We brought Frank Wilkinson to speak at Bates college for
    our conferences on crimes committed by the FBI on Apr least 3 separate occasions.

    Hoover put Frank in the can for a year.
    Frank shut down HUAC!

    Google his name with the word ncarl

  10. Senator Joseph McCarthy was eventually censured for conduct unbecoming a US senator for so freely slandering people as Communists during his HUAC ” Pogrom. ”

    He was a shallow thinking fellow who devastated many gpod lives and careers with his monolithic approach and tactic of smearing all he wrongfully persecuted with that political … epithet.

    Now comes the sage of Flying Pond, Ms. Freeh aka Mr. Robert Shetterlee, a personage with social justice credentials of some merit to boot, with his own ” Senator Joseph McCarthy Redux ” snide and insinuating tactics of political thuggery.

    There is of course no need to Mirandize Carmen in Spanish. First because she will never be prosecuted and second because her English is flawless.

    Yet, Ms. Freeh is happy to throw the eminently resourceful and very intelligent Ortiz under the wheels of the …. ” I am a super smart white liberal come to save your beleaguered minority ass Bus “… as reflexively as if the person he is ” saving ” is indeed a beleaugered minority rather than an … INDIVIDUAL … quite capable of her own salvation.

    This … Condescension, This relentless reflexive presumably humanitarian sensibility on Freeh’s part to keep Carmen in a … Conceptual Box …. is… RACISM …in a pure and virulent form. And it is so virulent because it masquerades as its opposite. UGH UGH!

  11. If Mayor Marty creates a civilian review board made up of
    criminal justice consumers, we call them voters and taxpayers,
    to set and enforce standards of performance for
    the criminal justice system,

    then the only thing left
    is to make sure Ortiz is read the Miranda in Spanish,eh?

  12. Matt, there will be a new sheriff in town soon. Don’t forget to gin up a drive for a Day of Judgement for Ortiz at that time. Any Republican appointed should lick his chops at the prospect of taking down the Globe’s hubris and corrupt ties.

  13. When Megyn Kelly attempted to vigorously question pampered political pussycat Donna Brazile as to her complicity in a rigged Democratic nomination as revealed by Wikileak E-mail she was rebuffed. The rebuff formed as a sort of moral misdirection or sleight of hand wherein Brazile spoke of ” Christian Woman ” status and Wikileak ” Thieves in the night.”

    In typical Democratic Party do as I say not as I do fashion Brazile groused that Kelly was questioning her upon the informational strength of ” Ill gotten gains. ” This is complete dithering nonsense of course. There are two ” Conversations ” here : Sure Donna, We can have the leaked email conversation in parallel, but in the meanwhile answer a very direct question as to what the leaks directly revealed.

    Matt, there is a flavor of ” Brazilean moral obfuscation ” as a … legal/political tactic …. in your post. The US Attorney/Boston Globe legal cheek to moral jowl violation of the rules of the game is …. Reprehensible …and should be addressed.

    That said, I came up to speed last night shocked to read they were wiretapping Marty et al in 2012 . HOUSTON WE HAVE A PROBLEM !
    Two of his political operatives are already under indictment and one suspects they are singing Sweet Christmas to the federal bulldogs on this. Time will tell! The irony is that as Yeats wrote of Parnell …” The Irish never threw Parnell to wolves. they chose to eat him themselves”

    In this case substitute ” The Democrats ” for ” Irish ” and ” Walsh ” for Parnell.

    Hang tough Marty. You may find you have honest REPUBLICAN support on this deal that you never dreamed existed!

    • Damn good post, John.

      • Rather , Marty has a lot of ” Crazy Eddie ” in him when push comes to shove. He dissembles well regarding just how feisty he can get . My money is on his political survival .

        • I don’t see him laying down, but will he be collateral damage when the new sherriff goes after Carmen….as Tadzio suggests? Or speed up/intensify the pursuit since now they (she) will be on the hot seat themselves.

          Stay tuned.

          • Meet the ” New ” Sheriff same as the Old Sheriff ; Carmen is unassailable. It is simply the nature of that office.

  14. Add this illegality to the grand jury leaks and the fake prosecution of the Probation Officials and the question that must be answered is whether the DOJ under Ortiz is a RICO operation. The Clinton Foundation appears to be operating a similar scheme. Ideally new prosecutors will get to the bottom of this and drain that swamp. 2. If Romney gets the nod for Sec. of State he will almost certainly appoint his top political guru Dan as Ambassador to Bermuda. This will allow every seventy year old in Savin Hill to attend Spring Break in March free of charge. Forever Young.

  15. Matt: that’s good advice to Marty. I hope he follows through.