Our government at work, as reported by the Volokh Conspiracy.
The district court did not abuse its discretion in dismissing the indictment. The government egregiously failed to meet its constitutional obligations under Brady and Giglio. It failed to even make inquiry as to conviction records, plea bargains, and other discoverable materials concerning key witnesses until after trial began. It repeatedly misrepresented to the district court that all such documents had been disclosed prior to trial. The government did not admit to the court that it failed to disclose Brady/Giglio material until after many of the key witnesses had testified and been released. Even then, it failed to turn over some 650 documents until the day the district court declared a mistrial and submitted those documents to the court only after the indictment had been dismissed. This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available.
There are always people on power trips that think the law doesn’t apply to them or is there’s to abuse. Locally Ward Churchill come to mind, along with the landgrabbers Edie Stevens and Dick McLean, although admittedly they appear to have the law on their side. At least the local judges interpretation of the law. Elliot Spitzer comes to mind as well.
