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Persecution of The Body Snatcher
Tomorrow, Dick Thornburgh, the attorney general for the final year of George H. W. Bush's presidency, will testify to Congress about his experience of the politicization of the Justice Department.
Thornburgh's run-in with Alberto Gonzales' DoJ came via the case of Dr. Cyril Wecht, a celebrity forensic pathologist, prominent Pennsylvania Democrat, and up until his indictment on a raft of fraud charges, coroner of Allegheny County. Thornburgh is one of Wecht's defense lawyers, and his complaints stem from what he's called the "sheer intensity" of the investigation, which involves relatively minor accusations that Thornburgh says should have been handled by the state ethics commission.
As a means of showing the relative triviality of the charges (the 84-count indictment doesn't put a price tag on Wecht's fraud), Wecht's lawyers have calculated that the cumulative cost for the 37 charges in the indictment that involve improperly charging the county for gasoline and mileage costs add up to $1,778.55. The most colorful of the charges, of course, involve the elaborate body snatching scheme: prosecutors allege that Wecht gave a local Catholic university unclaimed bodies in exchange for laboratory space.
The source of the investigation's "intensity" is U.S. Attorney for Pittsburgh Mary Beth Buchanan, a member of the DoJ's inner circle who played a role in the U.S. attorney firings. It's not the first time that Buchanan has drawn fire. During the heat of the scandal, a former assistant U.S. attorney in the district (from 1995-2000, before Buchanan took over) publicly called on Buchanan to resign because of "the extent to which she has looked to Washington for direction and political advancement." Or to put it in plainer terms: Buchanan has prosecuted a number of Democrats but no Republicans.

According to Wecht's lawyers, Thornburgh among them, Buchanan's office was single-minded in their pursuit of their high-profile quarry. Although Wecht holds the modest position of county coroner, he's a prominent Democrat in the state, even once running for the Senate in 1982. And it's only a minor exaggeration to say that he's made an appearance in just about every well-known murder case in the past 30 years, including O.J. Simpson, JonBenet Ramsey, Vincent W. Foster Jr., Martha von Bülow, not to mention Elvis Presley and both Kennedy brothers.
Here's Thornburgh's story, which he laid out in an affidavit this summer and will tell to the House Judiciary Committee tomorrow. Not long after Thornburgh began representing Wecht in the summer of 2005, Buchanan began pressing to indict him on a number of fraud charges. Finally, in December, she sent him a target letter, usually a sign of imminent indictment.
So Thornburgh, as part of a defense strategy to avoid indictment, sent a letter to then-Deputy Attorney General Paul McNulty pointing out some of the apparent shortcomings in the government's case and arguing that the charges were better dealt with by the state ethics commission. He also sat down with Buchanan and her assistants to attempt to dissuade them from indicting their client. To Thornburgh's surprise, Buchanan called Wecht's case "one of the worst cases of public corruption... that we have seen in four years." And when Thornburgh sought an assurance that Wecht wouldn't be subjected to a "perp walk," but would be allowed to surrender himself (routine for someone of Wecht's stature), Buchanan said no, that Wecht, a Jew, was a "flight risk to Israel."
When Thornburgh mentioned during the meeting that he would take this up with McNulty, the number two at the Department, Buchanan's assistant prosecutor didn't react well. As Thornburgh described in the affidavit, the prosecutor, Stephen Stallings, "pointed his finger at me and asked me directly what I intended to say to the Deputy Attorney General. I ignored his inquiry." And when Thornburgh concluded the meeting by saying that it was his opinion that "she was going to regret pursuing this indictment," Stallings "inappropriately responded as if I had threatened them." Thornburgh adds: "I did not respond to this outburst."
As it happened, Thornburgh did speak with McNulty. And McNulty agreed that Wecht should be allowed to surrender himself. "I am glad that an agreement was reached," he wrote in a letter to Thornburgh. On January 20, 2006, Wecht was indicted. He was allowed to surrender, but Buchanan herself held a press conference to mark the occasion.
But that's not all. In June of this year, Wecht's lawyers went to the press to announce that prosecutors had recently approached them to try to strike a plea deal. The approach, they observed, was happening just as Buchanan was testifying to Congressional investigators about her role in the U.S. attorneys scandal. "She wants to make sure we keep our mouths shut while she's down there before Congress," one of Wecht's lawyers told The Pittsburgh Post-Gazette. The lawyers also detailed Thornburgh's difficulties with Buchanan, as illustration of what they say is the political nature of the prosecution.
Buchanan's office quickly responded with a motion for sanctions against Wecht's lawyers (Thornburgh curiously excepted) -- which would result in either jail time or suspension. The lawyers, Mark Rush and Jerry McDevitt, Stallings alleged, had "repeatedly lied to the court, lied to the media, breached their ethical obligations as lawyers," and violated "some of the most basic and fundamental principles of professionalism." Wecht's lawyers responded by calling the motion "a hatchet job" and noted that Buchanan's office had not been shy so far about publicizing the details of the case. The motion was ultimately denied.
Wecht's case is due to go to trial at the end of January, but Thornburgh gets to tell his story tomorrow.













"repeatedly lied to the court, lied to the media, breached their ethical obligations as lawyers," and violated "some of the most basic and fundamental principles of professionalism."
Wait...a Republican federal attorney said this about a Democrat????
Jesus, you just blew up my Hypocrisy Meter. It's in pieces, laying on my floor.
October 22, 2007 5:03 PM | Reply | Permalink
So, the DoJ is NOT supposed to seek indictments of Democrats anymore? That's TPM's definition of "politicization" now? Dr. Wecht was indeed indicted. How about we let a jury of his peers decide (just like Scooter Libby)?
As for being a flight risk, I doubt it was based on the good Doctor's religion (i.e. he does not have the means for international travel, he's never been out of the country before, he has no friends or family outside the U.S., etc.).
October 22, 2007 5:05 PM | Reply | Permalink
jolly,
it's crazier than that...Thornburgh is *a Republican* (tho' I don't know about Rush and McDevitt).
And Jake--"So, the DoJ is NOT supposed to seek indictments of Democrats anymore?"
Of course, Paul said no such thing. RTFP.
October 22, 2007 5:11 PM | Reply | Permalink
All of this may be true -- the GOP is certaionly guilty of politically motivated prosecutorial abuse since Preisdent Shrub took office, but I find it difficult ever to defend Cyril Wecht, who has been at the outer fringes of what is respectable in forensive pathology since I can remember - certainly since he was a kep player in some of the more outlandish and extreme conspiracy theories concerning the Kennedy Assassination. Clearly capable of strethcing facts there - maybe his prosecution has gone too far for all the reasons noted, but I would tread very carefully in defending him without knowing the entire story.
October 22, 2007 5:19 PM | Reply | Permalink
Paul, you can't "center around" something.
You can "revolve around" a thing or "center on" a thing, but you can't "center around" a thing, since by definition, you are at the center. (Duh!)
It's amazing how often this mistake appears in otherwise solid writing.
October 22, 2007 5:21 PM | Reply | Permalink
As Mark T. pointed out, I would tread very carefully in defending Dr. Wecht without knowing the entire story.
October 22, 2007 5:33 PM | Reply | Permalink
Heff, I hope you'll find "stem from" an adequate substitute.
October 22, 2007 5:35 PM | Reply | Permalink
Mary Beth Buchanan is the USA who sent Tommy Chong of Cheech and Chong to Federal Prison for selling bongs in PA. Here in Pennsyltucky, it is illegal to sell drug paraphenalia. TPM should ask Tommy Chong how he was treated by Ms.BuKKKanan.
October 22, 2007 5:35 PM | Reply | Permalink
Jake D: As for being a flight risk, I doubt it was based on the good Doctor's religion . . .
You seem to have trouble distinguishing between "Jew" as an ethnic group and "Jew" as a religious group.
Clue: these are not one and the same.
Or you are just an odiously dishonest toad.
Wait, I think that hit the nail on the head!
October 22, 2007 5:41 PM | Reply | Permalink
A witchunt by the zealous wingnut justice dept and their appointees.
A jury will decide this, but Buchanan's behavior is a McCarthy Manuever that didn't warrant this kind of overkill. Just hunting.
The Israel remark reeks of prejudice and stupidity, and should have be cited by the court as inappropriate.
No what her political agenda, her actions in this case show prejudicial misconduct and/or bias.
October 22, 2007 5:41 PM | Reply | Permalink
I was including everything from religion, ethnicity, or even political affiliation in response to the "Jew" comment -- obviously, if the good Doctor does not have the means for international travel, he's never been out of the country before, he has no friends or family outside the U.S., etc., and there's no other reason to consider him a flight risk besides the fact he's Jewish, then that would be wrong -- bail was granted, right? Since he's not still in jail, according to the news article.
October 22, 2007 5:48 PM | Reply | Permalink
That last post was mine -- I don't post anonymously (unlike some others here ; )
October 22, 2007 5:50 PM | Reply | Permalink
Jake D 5:50 PM: I was including everything from religion, ethnicity, or even political affiliation in response to the "Jew" comment . . .
Jake D 5:05 PM: I doubt it was based on the good Doctor's religion . . .
Jake D 5:50 PM #2: I don't post anonymously . . .
You don't post honestly either.
October 22, 2007 6:00 PM | Reply | Permalink
A cumulative cost for the 37 charges add up to $1,778.55?
Jesus this stinks as bad as those phony claims against Menendez in NJ last fall when the Republican who virtually bought his prosecutor's job in the Bush DOJ with campaign contributions targeted him for what amounted to a vast profit of about $15,000 over the amount of his mortgage payments over a period of years in the then skyrocketing NJ housing market for renting a large house to the local party.
October 22, 2007 6:01 PM | Reply | Permalink
At this point, I'm not sure how loudly the Democrats should be complaining about this sort of stuff.
After all, a viciously partisan Justice Department that goes after political enemies on trumped up or exaggerated charges could be a handy thing for Hillary to have at her disposal once the Dems take back the White House next year.
October 22, 2007 6:14 PM | Reply | Permalink
"...a viciously partisan Justice Department that goes after political enemies on trumped up or exaggerated charges could be a handy thing for Hillary to have at her disposal once the Dems take back the White House next year."
Peter you have no principles. You are, sir, a jackass, more of the problem than the solution.
October 22, 2007 6:32 PM | Reply | Permalink
Dr. Wecht is not exactly regarded as a choir boy here in Pittsburgh. He has a long and checkered past, including past indictment in the early 80's where he was accused of embezzling from Allegheny County (I think he was acquitted).
While I love the irony in Dick Thornburg defending him, let's not have a pity party for Cyril just yet.
October 22, 2007 6:35 PM | Reply | Permalink
Paul-
Dr. Wecht no longer "holds" the position of coroner. He resigned after the indictment. Inside baseball, but Allegheny County voters abolished the coroner's office shortly before Wecht's indictment (row office reform), and replaced it with an appointed medical examiner. In a deal with the county executive, he agreed to resign if indicted.
One important point here is that Thornburgh has always maintained that Wecht is not pure as the driven snow - rather these things should be handled by an ethics commission as you mentioned, or perhaps civily, not criminally.
One thing not mentioned here has been the accusations against the lead FBI agent in the case. It'll be interesting to see where that leads.
October 22, 2007 6:40 PM | Reply | Permalink
Good point by The Pittsburgh Kid. Dick Thornburg also defended CBS re: Rathergate, so I have no problem with attorneys vigorously representing their clients.
October 22, 2007 6:43 PM | Reply | Permalink
Don't feed the trolls.
October 22, 2007 6:51 PM | Reply | Permalink
For the record, every single post of mine above dealt with the topic of the thread.
October 22, 2007 6:57 PM | Reply | Permalink
That Buchanan cow is one stupid mofo, does she think that the President will always be a Republican? She'd better not have made any expense claims evah!
October 22, 2007 6:58 PM | Reply | Permalink
Lost in the thicket of this case is the curious timing Wecht's indictment and its announcement by Buchanan at a news conference. It occured on the eve of his testimony for the defense at the Colorado court martial of Chief Warrant Officer Lewis Welshofer for the alleged murder of Iraqi Maj. Gen. Abed Hamed Mowhoush. Welshofer, it was alleged, had suffocated the general while leading an interrogation to determine the whereabouts of Saddam Hussein, who was then still at large.
Testimony at the trial revealed that the CIA, Special Forces, and an Iraqi paramilitary group known as "the Scorpions" were also involved in the general's interrogation, and that he had been severely beaten two days before his death. One news account of the trial called the CIA "the ghost at the banquet"; much of the testimony was closed to reporters and sealed.
The defense argued that Mowhoush had long been suffering from heart disease, and that he died as a result of the beatings he received. So, what the jury was to make of the medical facts in the case, and the credibility of Dr. Wecht's testimony as to the manner and cause of Mowhowsh's death, were crucial to the outcome. Once Wecht's credibility was damaged by Buchanan's announcement, the Colorado jury convicted Welshofer of negligent homicide and dereliction of duty. He received a reprimand. The case was closed, and no one else was ever prosecuted for Mowhoush's death. For that matter, while Buchanan's mentor, Paul McNulty, held sway in his dual role as Deputy Attorney General and U.S. Attorney for Virginia, which had jurisdiction over alleged CIA crimes, no CIA employee or operative was ever prosecuted for the POW abuses that have been widely reported.
October 22, 2007 7:36 PM | Reply | Permalink
Dr. Wecht is one of the most esteemed forensic pathologists in the world today. No one hires Wecht because he was the Allegheny County Coroner -- his consultancy business thrives because of his fair-minded application of science, not because he was an elected official in PA.
It speaks a great deal about Wecht's competency that Thornburgh has crossed party lines to take his case. Wecht is a well-known Democrat in an area that has gone Republican these last few years. It didn't help Wecht's cause that he testified in several trials over police abuse, costing taxpayers bundles because the cops there were poorly trained. Was he supposed to shade his expert opinion to help out the county?
Isn't it enough that Buchanan was the mentor to Monica Goodling? Now she's revealing herself as an antiSemite too. "Fleeing to Israel," indeed.
I suspect Wecht is only too happy to fight these absurd indictments and write a check for the fax paper used when his former office staff conducted his personal business on county time. What an embarrassment for Pittsburgh.
October 22, 2007 8:56 PM | Reply | Permalink
Cyril Wecht is a loose cannon and has been for 30 years, but he's a local character - busting him over $1800 in gas bills, come on.
Dick Thornburgh is not just any old sort-of Republican - in addition to being a US Attorney and Attorney General for 2 years, he was also Republican Governor of Pennsylvania for 8 years!
October 22, 2007 9:41 PM | Reply | Permalink
Of minor (?) note, Dick Thornburgh was sued by Karl Rove in 1994 for failure to pay Rove's consulting company for an unsuccessful Senate run in 1991.
The politicization of DOJ was a Rove project, maybe this is a way for Thornburgh to get back at him?
You can find the Rove v Thornburgh abstract on the FEC website through a simple Google search.
October 22, 2007 10:54 PM | Reply | Permalink
Not to excuse what it clearly a hatchet job aspects of the case by "loyal Bushies" and "Karl's Shop", I'd point out that Jerry McDevitt is a well known weasel in the legal profession who will say and do pretty much anything in the name of defending/protecting his clients. While *I* wouldn't want to say that he has a history of being an unethical and being one who is all too often closer to "truthiness" than "truthful", I'm sure others would say that.
"You might say that, I couldn't possibly say that."
-Francis Urquhart
October 23, 2007 9:10 AM | Reply | Permalink
Ok, as a Pittsburgh resident, I feel compelled to respond. First, Mary Beth Buchanan's charges relate to misappropriation of roughly $1,788 out of billings over $1.78 million. That is less than 0.1%. Actually, the number of $1,788 was put forth by Wecht's defense after over two years of time in which Mary Beth Buchanan's crack team has yet to provide a $$$ amount of the alleged misappropriation.
Next off, the day of the indictment, Mary Beth Buchanan goes on television starts accusing Dr. Wecht of body snatching and turning down deals. Months later (after the third circuit appeals court ruled it was ok for Wecht's lawyers to talk to the media), Wecht's lawyers responded to the accusations to the press. Mary Beth Buchanan retorted with a motion to have the lawyers disbarred and thrown in court. After a tirade of motions, both the actions of US Attorney Mary Beth Buchanan and Wecht's Lawyers were sent to the PA Disclipinary board of review (where they have still not ruled).
This past week, Mary Beth Buchanan attacked Dick Thornburgh for going to congress to testify. She raised in the press that it is inappropriate for Dick Thornburgh to answer a Congressional request for testimony outside of the court process. I thought Congress has an oversight role? Can an attorney really say no to congress because he/she is still in the court battle?
As for the FBI agent, Mary Beth's Office attempted to move the agent off cases and keep him out of the courtroom and the case. What has surfaced is the FBI agent was brought up on disciplinary charges for circumventing the rules of evidence procedures and forging records (not in the Wecht case but in prior cases).
I'm not saying Cyril is some sort of angel. However, if someone is using the unending resources of the federal government to go after a citizen of the US, such an individual needs to be held accountable. I do not care it you are rich, poor, young, old, etc. If the US Attorney's Office brings a lawsuit against you, good luck. By the time you even get to court, your assets are going to be drained. With a US Attorney (with an unprecedented press agent) using the media to vilify you, good luck getting a fair jury of your peers. In the end, winning a federal criminal lawsuit is an extreme longshot. That's why 97% conviction rate is what is out there and most people plead to a crime (even if they are innocent) in order to not risk getting years in jail for a crime they never committed.
October 23, 2007 9:17 AM | Reply | Permalink
Ok, as a Pittsburgh resident, I feel compelled to respond. First, Mary Beth Buchanan's charges relate to misappropriation of roughly $1,788 out of billings over $1.78 million. That is less than 0.1%. Actually, the number of $1,788 was put forth by Wecht's defense after over two years of time in which Mary Beth Buchanan's crack team has yet to provide a $$$ amount of the alleged misappropriation.
Next off, the day of the indictment, Mary Beth Buchanan goes on television starts accusing Dr. Wecht of body snatching and turning down deals. Months later (after the third circuit appeals court ruled it was ok for Wecht's lawyers to talk to the media), Wecht's lawyers responded to the accusations to the press. Mary Beth Buchanan retorted with a motion to have the lawyers disbarred and thrown in court. After a tirade of motions, both the actions of US Attorney Mary Beth Buchanan and Wecht's Lawyers were sent to the PA Disclipinary board of review (where they have still not ruled).
This past week, Mary Beth Buchanan attacked Dick Thornburgh for going to congress to testify. She raised in the press that it is inappropriate for Dick Thornburgh to answer a Congressional request for testimony outside of the court process. I thought Congress has an oversight role? Can an attorney really say no to congress because he/she is still in the court battle?
As for the FBI agent, Mary Beth's Office attempted to move the agent off cases and keep him out of the courtroom and the case. What has surfaced is the FBI agent was brought up on disciplinary charges for circumventing the rules of evidence procedures and forging records (not in the Wecht case but in prior cases).
I'm not saying Cyril is some sort of angel. However, if someone is using the unending resources of the federal government to go after a citizen of the US, such an individual needs to be held accountable. I do not care it you are rich, poor, young, old, etc. If the US Attorney's Office brings a lawsuit against you, good luck. By the time you even get to court, your assets are going to be drained. With a US Attorney (with an unprecedented press agent) using the media to vilify you, good luck getting a fair jury of your peers. In the end, winning a federal criminal lawsuit is an extreme longshot. That's why 97% conviction rate is what is out there and most people plead to a crime (even if they are innocent) in order to not risk getting years in jail for a crime they never committed.
October 23, 2007 9:19 AM | Reply | Permalink
"...a viciously partisan Justice Department that goes after political enemies on trumped up or exaggerated charges could be a handy thing for Hillary to have at her disposal once the Dems take back the White House next year."
-------
The charges needn't be 'trumped up' at all. Nor does the justice department have to be on a political mission. Remember Sergeant Friday? "Just doing my JOB, maam"
Enjoy.
October 23, 2007 11:40 AM | Reply | Permalink
Talk about using a cannon to hit a fly. The tone of Buchanan's prosecution of the defendant and attacks on anyone who dares to take sides smacks of serious overkill, in keeping with what seems to be a universal style of all Bush Co. attack dogs.
No issue, no matter how small, elicits immediate full throttle attacks and charges. Re Move On ad, or Sen Stark, or
Seigkman...endless list.
Hallmark of the true bully, btw....
October 23, 2007 12:58 PM | Reply | Permalink
I like how they call Wecht a grave robber, as if he's smuggling stiffs out in his station wagon in the middle of the night to sell to Dr. Frankenstein.
The business of using unclaimed bodies to train forensic pathology students occurs in every community. Would you prefer they use the homeless?
October 23, 2007 2:24 PM | Reply | Permalink
Amazing that another of the Bush toadies is trying to make a name for herself at the expense of a Democrat. With drug pushers, killers, child molesters and indeed, organized crime and immigration problems at hand, that she would settle on Dr. Wecth (a Democrat) is par for the course in the Bush Justice Department. One does pause to wonder exactly why not a solitary justice department figure has turned this same intensity of effort on the likes of the shifty contractors in Iraq, organized crime, or even the malfeasance of this administration. Jake D, perhaps you can TRY to make nice about this Bush
Administration pattern of worrying about the speck in a Democrats eye ($1,778.55), when there is a huge 12 by 12 in some Republican's eyes (evidenced by the Blackwater expense review with millions and millions in overcharges).
January 2, 2008 2:44 PM | Reply | Permalink