Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

ANOTHER FEDERAL PROSECUTOR IS FOUND TO BE LYING BY THE FEDERAL COURT

Over the years, this blog has discussed various instances in which there is little doubt as to whether prosecutors sometimes stretch, or “re-invent” the truth. This has been the case both in state and federal courts.

At a time during which we have had to question the integrity of law enforcement involving the killing of citizens and mysterious grand jury proceedings, a new story comes up that is worth remembering.

It deals with the integrity of a federal prosecutor…someone most of us would expect to be as “holier than thou” as they often act.

This one apparentlywasn’t.

The scene was a New York United States District Court. It was December 5th. It was the courtroom of Senior U.S. District Court Judge Kevin Thomas Duffy.

And the court was angry. He was angry because of lying and abuses by our “now ironically named Department of Justice.”

The court began by musing about the front hall of the Department of justice which has an engraving reflecting that the job of the Justice Department is to see that justice is done.

“Justice is founded in truth“, explained Judge Duffy. ” Most of the time the judges of this court depend upon the United States Attorney’s Office to tell the truth. I have caught you in a flat out lie. .. I would prefer henceforth that you advise your superiors that you are not to come to this court alone; you are to come with supervision. If you don’t mind lying, then the whole office is going to pay for it. I have made known to the other judges of this court my findings in connection with you sir.”

According to Wikipedia, Judge Duffy is a native New Yorker and Fordham graduate. He is a former Assistant United States Attorney himself, who served as Assistant Criminal Division Chief of the Southern District. When he was named to the federal bench in 1972, he was the youngest federal judge in the country.

As Judge Duffy perfectly indicated, “It is to the benefit of the people of the United States to have justice done-not just another scalp on the wall…The job is to find justice-not just get another press release.”

This was but one federal criminal case in New York. We in Massachusetts have seen instances of prosecutors being caught in lies and unethical behavior not so long ago.

I have seen such behavior in the states of New York and Massachusetts, state and federal cases. It happens…although most of the citizenry choose not to believe it. We are told to trust law enforcement, from the police officer on the beat to the prosecutor in the court.

The most fear-inspiring thing that I see is that our laws and the carrying out of those laws are often created giving law enforcement a great benefit of the doubt. After all, they are the “good guys”.

But, reality is not so simple.

Sidney Powell worked in the Department of Justice for 10 years. She was lead counsel in more than 500 federal appeals and is the author of Licensed to Lie: Exposing Corruption in the Department of Justice.

She explains, ” Like most of the good, hard-working, tax-paying citizens of this country, federal judges are fed up with the lies, prosecutorial abuses, destruction of evidence, lame excuses, and assorted prevarications by representatives of our government. There seems to be a much-welcomed, increasing realization of the old reality that government employees are supposed to be public servants-and follow the law themselves.”

There is a call, which I cannot help but endorse, for judges to accept this reality and put a stop to it…in the name of Justice.

Attorney Sam’s Take On What Lying Law Enforcement Officers Means To You

“Sam, I am a hard working and honest family man. I do not commit crimes. I am not going to be noticed by any prosecutors. Why do I care that prosecutors mislead judges sometimes to convict the guilty?”

Well, it is hard to imagine that anyone’s view is still that illogical…

“Why ‘illogical?”

Because, as we have discussed many times, it does not take very much to be accused of a crime these days. Frankly, it does not even take committing a crime.

Let’s continue our sojourn into the criminal justice system and why you are at risk. We will do that next blog.

Until then, have a great, safe and law abiding weekend!

For the full story upon which this blog is based, please go to: http://observer.com/2014/12/federal-judge-blasts-yet-another-federal-prosecutor-for-lying-to-the-court/#ixzz3Lc9H8Czs

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