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	<title>Comments on: Prosecution Tanks In Toobz Stevens Trial</title>
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	<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/</link>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103684</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Fri, 03 Oct 2008 05:15:44 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103684</guid>
		<description>&lt;p&gt;Well, I dunno.  If the defense moves for, or does not object to, the mistrial, double jeopardy does not preclude retrial.  And Brendan Sullivan moved in the alternative for dismissal and, if not dismissal, mistrial; so unlikely that retrial would be precluded.  Dismissal would be finite though.  And I agree about putting the government on trial, in conjunction with strong not guilty/lack of mental state.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Well, I dunno.  If the defense moves for, or does not object to, the mistrial, double jeopardy does not preclude retrial.  And Brendan Sullivan moved in the alternative for dismissal and, if not dismissal, mistrial; so unlikely that retrial would be precluded.  Dismissal would be finite though.  And I agree about putting the government on trial, in conjunction with strong not guilty/lack of mental state.</p>
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		<title>By: Mason</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103682</link>
		<dc:creator>Mason</dc:creator>
		<pubDate>Fri, 03 Oct 2008 05:04:53 +0000</pubDate>
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		<description>&lt;p&gt;Double jeopardy attaches after the jury is sworn in a jury trial and that means Stevens has a right to have this jury decide his case. If the judge were to declare a mistrial based on deliberate prosecutorial misconduct to abort a trial going badly for the government, the Double Jeopardy Clause would bar a retrial. If I were representing Stevens, I would spend most of the weekend putting together as much evidence as I could find to make the requisite showing. Failing that, I’d put the government on trial.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Double jeopardy attaches after the jury is sworn in a jury trial and that means Stevens has a right to have this jury decide his case. If the judge were to declare a mistrial based on deliberate prosecutorial misconduct to abort a trial going badly for the government, the Double Jeopardy Clause would bar a retrial. If I were representing Stevens, I would spend most of the weekend putting together as much evidence as I could find to make the requisite showing. Failing that, I’d put the government on trial.</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103667</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 03 Oct 2008 01:54:24 +0000</pubDate>
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		<description>&lt;p&gt;No one would accuse the Ashcroft-Gonzales-Mukasey DOJ of taking a dive, would they?  Not to protect a senior Senator with a pile of Metro DC, Capitol Hill dirt collected over thirty years.  Never happen.  Nope.  We’ve trained our US Attorneys too well, protected them from political interference so that they can enforce the law without fear or favor.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>No one would accuse the Ashcroft-Gonzales-Mukasey DOJ of taking a dive, would they?  Not to protect a senior Senator with a pile of Metro DC, Capitol Hill dirt collected over thirty years.  Never happen.  Nope.  We’ve trained our US Attorneys too well, protected them from political interference so that they can enforce the law without fear or favor.</p>
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		<title>By: DWBartoo</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103523</link>
		<dc:creator>DWBartoo</dc:creator>
		<pubDate>Fri, 03 Oct 2008 01:02:26 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103523</guid>
		<description>&lt;p&gt;If there is deliberate Prosecutorial misconduct, then I should imagine the Judge would not look kindly upon it.  Even if the trial goes forward, this is not a ’slap-on-the-wrist’ situation, there should at least be a visit to the cloakroom …&lt;/p&gt;
&lt;p&gt;What will Judge Sullivan do?  I should think Professor Morris might have ‘looked into’ the situation before asserting that Steven’s was getting a ‘fair’ trial.&lt;/p&gt;
&lt;p&gt;Prosecutorial malfeasance OUGHT to be one of the most heavily ‘punished’ destructive behaviors in the courtroom.&lt;/p&gt;
&lt;p&gt;And, if such malfeasamce was orchestrated or ‘encouraged’ from ‘outside’ the Prosecution ‘team’, then there needs to be a follow up to establish such fact and pursue, very seriously, those involved.&lt;/p&gt;
&lt;p&gt;I am not holding my breath in anticipation.&lt;/p&gt;
&lt;p&gt;The law is being made mock of and the legal community had best decide just how much Bull Shit they are willing to tolerate, explain that to the rest of us, (and themselves) and acknowledge that the ‘rule of law’ is, at best, a sometime thing, and further, that the quality of ‘justice’ that most people receive is directly proportional to the size of their wallet and how well they are liked by those in power.&lt;/p&gt;
&lt;p&gt;Is there an attorney in this country, anywhere, who ‘believes’ they can dispute the reality of these assertions?  Bring ‘em on.&lt;/p&gt;
&lt;p&gt;Like all things the LAW is a ‘work in progress(?)’ and subject to the visititudes of fate.  At present, however,it runs the very real possibilty of becoming a joke.&lt;/p&gt;
&lt;p&gt;I do NOT say that happily, but with great despair, I do not say that cynically, but because. I. care.&lt;/p&gt;
&lt;p&gt;In a democracy, when it is under severe and deadly  threat, should not lawyers be among the first in the streets?  I can think of a somewhat recent example in another country, far more brutal and unstable than our own, where the lawyers actually stood (at some considerable risk to themselves, one might imagine) against tyranny AND for ‘the rule of law’.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>If there is deliberate Prosecutorial misconduct, then I should imagine the Judge would not look kindly upon it.  Even if the trial goes forward, this is not a ’slap-on-the-wrist’ situation, there should at least be a visit to the cloakroom …</p>
<p>What will Judge Sullivan do?  I should think Professor Morris might have ‘looked into’ the situation before asserting that Steven’s was getting a ‘fair’ trial.</p>
<p>Prosecutorial malfeasance OUGHT to be one of the most heavily ‘punished’ destructive behaviors in the courtroom.</p>
<p>And, if such malfeasamce was orchestrated or ‘encouraged’ from ‘outside’ the Prosecution ‘team’, then there needs to be a follow up to establish such fact and pursue, very seriously, those involved.</p>
<p>I am not holding my breath in anticipation.</p>
<p>The law is being made mock of and the legal community had best decide just how much Bull Shit they are willing to tolerate, explain that to the rest of us, (and themselves) and acknowledge that the ‘rule of law’ is, at best, a sometime thing, and further, that the quality of ‘justice’ that most people receive is directly proportional to the size of their wallet and how well they are liked by those in power.</p>
<p>Is there an attorney in this country, anywhere, who ‘believes’ they can dispute the reality of these assertions?  Bring ‘em on.</p>
<p>Like all things the LAW is a ‘work in progress(?)’ and subject to the visititudes of fate.  At present, however,it runs the very real possibilty of becoming a joke.</p>
<p>I do NOT say that happily, but with great despair, I do not say that cynically, but because. I. care.</p>
<p>In a democracy, when it is under severe and deadly  threat, should not lawyers be among the first in the streets?  I can think of a somewhat recent example in another country, far more brutal and unstable than our own, where the lawyers actually stood (at some considerable risk to themselves, one might imagine) against tyranny AND for ‘the rule of law’.</p>
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		<title>By: anonosassin</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103497</link>
		<dc:creator>anonosassin</dc:creator>
		<pubDate>Fri, 03 Oct 2008 00:57:15 +0000</pubDate>
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		<description>&lt;p&gt;That’s too bad.  I’m not too proud to eat a dead fish lol.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>That’s too bad.  I’m not too proud to eat a dead fish lol.</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103437</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Fri, 03 Oct 2008 00:40:28 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103437</guid>
		<description>&lt;p&gt;From &lt;a href=&quot;http://www.washingtonpost.com/wp-dyn/content/article/2008/10/02/AR2008100201492.html?hpid=topnews&quot; rel=&quot;nofollow&quot;&gt;Carol Leonig at WaPo&lt;/a&gt;:&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;“Although the court is persuaded there is a…violation, the court is not persuaded that dismissal of the indictment or mistrial is the appropriate remedy,” said U.S. District Judge Emmet G. Sullivan. But he added that the government’s actions had broken his trust in the prosecutors. and he ordered them to give Stevens’ lawyers copies of all witness interviews.&lt;/p&gt;
&lt;p&gt;“The court has no confidence in the government’s ability” to meet its obligations to ensure a fair trial,” he said.&lt;/p&gt;
&lt;p&gt;“I want an answer,” the judge told lead prosecutor Brenda Morris. “How does the court have any confidence that the public integrity section has any integrity?”&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;No evidence of any sanctions whatsoever.  This is a good article though, worth reading if you are interested.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>From <a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/10/02/AR2008100201492.html?hpid=topnews" rel="nofollow">Carol Leonig at WaPo</a>:</p>
<blockquote><p>“Although the court is persuaded there is a…violation, the court is not persuaded that dismissal of the indictment or mistrial is the appropriate remedy,” said U.S. District Judge Emmet G. Sullivan. But he added that the government’s actions had broken his trust in the prosecutors. and he ordered them to give Stevens’ lawyers copies of all witness interviews.</p>
<p>“The court has no confidence in the government’s ability” to meet its obligations to ensure a fair trial,” he said.</p>
<p>“I want an answer,” the judge told lead prosecutor Brenda Morris. “How does the court have any confidence that the public integrity section has any integrity?”</p>
</blockquote>
<p>No evidence of any sanctions whatsoever.  This is a good article though, worth reading if you are interested.</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103436</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Fri, 03 Oct 2008 00:38:19 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103436</guid>
		<description>&lt;p&gt;Can’t catch a dead fish with a huge net.  Totally worthless.  But I love Belize…&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Can’t catch a dead fish with a huge net.  Totally worthless.  But I love Belize…</p>
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		<title>By: anonosassin</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103433</link>
		<dc:creator>anonosassin</dc:creator>
		<pubDate>Fri, 03 Oct 2008 00:26:14 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103433</guid>
		<description>&lt;p&gt;If I take you with me, we’ll need two fish per day.  You know anything about fishing?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>If I take you with me, we’ll need two fish per day.  You know anything about fishing?</p>
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		<title>By: anonosassin</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103432</link>
		<dc:creator>anonosassin</dc:creator>
		<pubDate>Fri, 03 Oct 2008 00:24:35 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103432</guid>
		<description>&lt;p&gt;We are together on that, but fairness and due process seem to have become extinct.  Leaving me feeling either like a chump, or like killing somebody (or many somebodies).  Hypothetically speaking, of course.  Cuz I’m not a complete idealist lol.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>We are together on that, but fairness and due process seem to have become extinct.  Leaving me feeling either like a chump, or like killing somebody (or many somebodies).  Hypothetically speaking, of course.  Cuz I’m not a complete idealist lol.</p>
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		<title>By: anonosassin</title>
		<link>http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/comment-page-1/#comment-103430</link>
		<dc:creator>anonosassin</dc:creator>
		<pubDate>Fri, 03 Oct 2008 00:21:36 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/10/02/prosecution-tanks-in-toobz-stevens-trial/#comment-103430</guid>
		<description>&lt;p&gt;Thanks for the suggestions, but I don’t think I’m ready to completely give up on the idea of the fish.  I think I’ve dealt with enough detail for one lifetime.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks for the suggestions, but I don’t think I’m ready to completely give up on the idea of the fish.  I think I’ve dealt with enough detail for one lifetime.</p>
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