« previous | MUCK HOME | next »

Conyers "Deeply Troubled" by Use of FBI Agents to Contact Wecht Jurors

House Judiciary Committee Chair John Conyers (D-MI) on today's story:

I am deeply troubled by reports of FBI agents contacting former jurors who failed to convict Dr. Wecht. Whether reckless or intended, it is simply common sense that such contacts can have a chilling effect on future juries in this and other cases. When added to the troubling conduct of this prosecution, there is the appearance of a win at all costs mentality. The committee continues to investigate this matter.

Comments (125)

avatar

Echoes from Nuremberg, the Guantanamo trials, and DoD's Hynes "directive" to the US prosecutors at Guantanamo, "There will be no acquittals":

there is the appearance of a win at all costs mentality.

The US government has already committed war crimes to secure unreliable evidence to support their legal objectives. A few FBI browbeating Jurists seems with the scope of this President's tolerance levels. He was "only" the decider, not the one doing the browbeating.

avatar

These links send you to a local paper op-ed as well as letters to the editor on the case. It pretty much speaks to the predominant sentiment in Pittsburgh about this one.

http://www.post-gazette.com/pg/08104/872531-149.stm
http://www.post-gazette.com/pg/08104/872530-35.stm

avatar

These articles discuss sentiment, but you're not specific with how these relate to your definition of a jury poll. Perhaps if you clarfied what you mean by "jury poll," the TPMM community might decide whether your links are or are not useful.

avatar

These articles as stated were posted to express the sentiment of the public in Pittsburgh in relation to this case.

At the close of a trial, both attorneys (in fact anyone) are allowed to talk to the jurors since they are released. Jurors are welcome to decline such discussions.

In a hung jury, there is often a request to actually poll the jury. In this process, the jurors individually state where they stood on each count in the case with a statement of guilty or not guilty.

The issue of this entire article/issue has been the use of the FBI to set up the post trial discussions with the jury.

Oh, so you are aware, in a second trial, none of these jurors will be in the jury. The prosecution and defense get to repick the jury from a new pool of individuals.

Also, so you are aware, the names and addresses of jurors are provided to the prosecution and defense during the jury selection process. Also information about these people's background is provided that the defense/prosecution utilizes to prune down the jury pool to 12 members and 4 alternatives. There has been speculation posted on comments that juror's personal information is somehow not privy to the defense or prosecution.

I was wondering how I would feel if I'd been on a jury and felt that the prosecution was possibly politically (vs. legally) motivated, and a hung jury verdict resulted in a visit to my home by FBI agents.

I would think about recent revelations in wire tapping, the propensity of current authority to decide virtually anything is a matter of homeland security, and the urge of this administration to visit revenge on whoever crosses them. So,I guess it would be fair to say I would be alarmed. What did the other jurors say about me? What will happen if I don't care to say what went on in the jury room? Are these FBI good guys, or the ones who went to Reactionary Wingnut U. and are out to "cleanse" the country in the name of God?

What if I wasn't on the jury for the first trial, but got called for the second? Would the FBI intrusion into the first jurors' lives affect my state of mind? What if I told the judge, "I can't be on this jury because I'm afraid of what the feds will do to me and mine."? Maybe it would be safer to keep my head down and deliver a verdict they wanted, thereby selling my soul. Maybe I would do the right thing and ruin all our lives.

So, I'm "deeply troubled" too, John.

avatar

Why is this not illegal ? Where is the firewall between law enforcement & a fair impartial jury ?
Especially in a hung jury that was already questioning the political motivation of the prosecutor ? Did USA Buchanon send the agents over there ? What is the SAC 's involvemeny in this ?
Finallly are we really slip sliding toward a police state in these United States?

avatar

Al,

A lot of your questions were answered in today's local Pittsburgh papers. From the paper, it appears that using the FBI in this manner is not illegal, yet many find such use troubling due to the potential of intimidation. While the law professor (academic community)saw no issue with the use of the FBI, many former prosecutors for the US Attorneys Office did.

The basic viewpoint coming out of the articles is that using the FBI in this manner is a move that results in blowback such as the responses they are getting. The key to the arguments raised is whether the average person feels having a lawyer contact you (even a US Attorney) is slightly different than an FBI agent.

In the article, Cyril's Attorney's view is that when you have two federal prosecutors on the case and they already decided to retry the case, why could they not contact the jury? It is only 12 people which would result in 6 a piece.

http://www.pittsburghlive.com/x/pittsburghtrib/news/s_562027.html
http://www.post-gazette.com/pg/08103/872688-85.stm

avatar

This notion of "go ahead and contact the jury at home" is foolish non-sense. They have mock jury trials to do this. If every FBI agent and US prosecutor went to a jury members home, there would be no reason for mock jury trials to do what you suggest is "required". The error is to buy the government's assertions of what they were doing as reasonable; but not challenge the basic premise: The FBI agents got access to the home addresses of people (jury members) working for a different branch of government.

To ask that we accept the government's version, as with Iraq WMD asks that we embrace absurdity. Please stop blindly accepting the governments' version, as reported, and make the government respond to the concerns raised about the governments' conduct. To do otherwise, asks that the public, without challenging the government, debate with the media. That's the same repeat problem of Iraq WMD. Put the burden on the government to respond to the questions over what was done. The government's explanation defies reason. To embrace the government's version and explanation asks that we embrace larger extractions of dubious arguments. Stop making the arguments for the White House. Time for the White House to answer the questions.

avatar

Ok, you really do not understand law at all. The Wecht case resulted in a hung jury. Both sides are allowed to interview the jurors after such an occurrence. The legal system usually prefers such practices because it helps decide next courses of action. Should the prosecution go with a second trial, should it drop the charges, should the defense attempt a plea or out of court settlement? All questions that are relevant after a hung jury. Only the jurors can provide this information. Usually it is done through a poll to see where the split between guilty and innocent was.

Sorry mock juries won't do dick.

avatar

Your links are meaningless contributions to your argument.

avatar

As meaningless as your post in which you say the White House is implicated and you link to a comment blog posting of your assertions with not substance.

avatar

Camel's Nose Under Tent: Dubious Premise Builds To A Larger Flawed Assertion

One goal is to open a door, then ask that we welcome the rest. The error is when the door is opened upon a false or dubious premise. For example, this is a misreading of the issue, and is a classic ploy of deception which Addington well used. Note the following, asking us to believe that one set of people can do something, so why not others:

The key to the arguments raised is whether the average person feels having a lawyer contact you (even a US Attorney) is slightly different than an FBI agent.

The commenter wold have us believe the issue is a tradeoff between attorney contacts; or FBI contacts. This is not assisting, and suggests they are not being clear with what a jury poll is.

They're asking that we accept as if true that attorneys do or do not contact jurors; then asking us to build from that premise to ask whether it's then OK for FBI agents to contact jurors. This doesn't adequately explain why attorneys are contacting the jurors to beging with.

What may be more useful, is if the person who is using the term "jury poll," and asking us to believe that attorneys do it, to explain what they mean by a jury poll. Then the TPMM community can decide whether we are or are not using the same notion of what "jury poll" means. Consider visiting the link, and discuss "your definition" of what you mean by jury poll. Then others can decide whether than definition is reasonable, or whether we need to redefine our terms so we're talking about the same thing.

avatar

All, please be aware that the individual testing post unsubstantiated crap and when someone calls him on it, he simply posts more and more crap. The guy is no better than a spammer and should be banned from the site.

avatar

I don't know about you, but I feel better knowing Conyers is deeply troubled. The FBI & USA's must be trembling uncontrollably, having sleepless nights; the horror.

"The FBI & USA's must be trembling uncontrollably, having sleepless nights; the horror."

I don't know about the FBI agents but U S Attorneys (Mary Beth Buchanan for example) will be unemployed next January. And I don't think America will mind it too much when serious investigations are done without the White House operating a cover up and other Republicans obstructing.

To tell you the truth, it will be down right entertaining; just like the Watergate hearings were.

avatar

Damn, I just get so nervous when Conyers gets "troubled." That means one of those terrible, meaningful "strongly worded letters" follows. Pitiful. If they can't inpeach the whole lot of this cretinous administration with the admissions of CRIMES committed, they shouldn't be in office because they are betraying the Constitution, the government the people and it makes them complicit.

Oh No!!!! Not the strongly worded letter!

Can the comfy chair be far behind?

avatar

Here's a wet dream.

Next year, President, insert name here, goes before Congress and the American people, and exhorts Congress to fully investigate the illegal acts committed by the prior Administration and bring impeachment proceedings and judicial referrals against those officials based on their findings and that of the Department of U.S. Marshals, the replacement for the FBI (it being to corrupt to be of further use in the Republic). In the interim, President, insert name here, stated he/she will honor arrest warrants for war crimes by any recognized authorized.

Well what’d you expect? It’s Friday and I’m on my second Cosmo!

What did the agents say or do to the jurors to make them feel intimidated?

Could it be the FBI is "investigating" the jurors to see and mostly hear weather any jurors are credible in the assertion of political, rather than legal motives for the prosecution.

I mean, it could also be in retaliation against the jury, who were reported to lean heavily towards acquittal.

But it stinks to high heaven that the FBI would be looking for wrongdoing from the jury.

Has anyone asked, who sicced them on that jury?

avatar

I posted this on another thread regarding this, but it's worth a repost in response:

I simply see no case in which the FBI has any reason or right to be contacting the jurors in this case when they were complicit in it's making in the first place. Google "Bradley Orsini" and you'll see what I mean. He was the lead FBI investigator on this case with a history of being a dirty agent and violating laws, rules, you name it.

And also, this, from the Post-Gazette:

Rev. Albright [one of the jurors] also said he was turned off by testimony from another Wecht secretary, Kathleen McCabe, about how FBI Agent Bradley Orsini came to her house one Palm Sunday and told her that Martha Stewart went to prison because she lied.

The FBI has a history of unethical behavior and intimidation in this trial, and this just sounds like another example of that, in my opinion.

avatar

Didn't the US Attorney's Office argue to keep the personnel records of Agent Orsini sealed from the press and defense?

avatar

http://www.post-gazette.com/pg/08103/872688-85.stm
http://www.pittsburghlive.com/x/pittsburghtrib/news/s_562027.html

US Attorney Mary Beth Buchanan confirmed to the press that her office instructed the FBI to contact the jurors.

"The latest brouhaha concerns the prosecution's attempts to ask jurors their impressions about the seven-week trial, which ended Monday with the hung jury.
....
Margaret Philbin, Ms. Buchanan's spokeswoman, confirmed that FBI agents set up appointments for prosecutors to speak with jurors.

"It is commonplace for the prosecuting attorneys and the investigating agency, in this case the FBI, to participate in the post-verdict discussion with the jurors," Ms. Philbin said. "Often that occurs before the jury leaves the courthouse. In this case the jury was excused before the attorneys and agents had an opportunity to speak with the members.""

avatar

US Attorneys are not in charge of FBI agents. FBI and the US Attorneys offices are separate. We need to know, above the Office of US Attorneys, on whose direction did this US Attorney direct the FBI, and act as a Special Agent in Charge:

US Attorney Mary Beth Buchanan confirmed to the press that her office instructed the FBI to contact the jurors.

Again, US Attorneys do not direct FBI agents. That is a function of investigation management, not prosecution or case management. Someone inside the White House political and legal offices wanted the information about the jury deliberations. We need to know who inside DOJ OLC and White House legal office directed Buchanan to coordinate with the FBI; and what information did Buchanan glean from these interviews, and provide to the White House legal counsel.

avatar

The link is bull. It links to this individuals rant in the cafe. While I agree with the viewpoint that the case may be political, the arguments you put forth are wrong. The local US Attorney in Pittsburgh does have oversight control for FBI agents in her area. As such she ordered them to contact the jurors after the Wecht trial. The jurors names are public information that all sides possess.

The fundamental error in your analysis is that you argue that the DOJ is part of the judicial branch. It is not. The DOJ is part of the executive branch and reports directly to the president.

Here is a link to the DOJ website noting that the FBI is a DOJ agency.

http://www.justice.gov/02organizations/02_1.html

avatar

Your argument is not connected with the reasonable conclusion the White House has been implicated. The only hope the retarded DOJ Staff counsel have is to use non-sense to distract attention from their inherent failures and questionable ethical conduct.

avatar

Your links fail to justify support for your assertions, claims, or conclusions. You're doing the same as was done before the Iraq invasion: Providing dubious assertions, disconnected from facts, citations, and credible reason.

avatar

All, please be aware that the individual testing post unsubstantiated crap and when someone calls him on it, he simply posts more and more crap. The guy is no better than a spammer and should be banned from the site.

avatar

Contrast this with what happened when evidence emerged showing the members of the Siegelman jury who favored conviction had exchanged email messages discussing how to pressure the holdouts into voting for conviction. No investigation, nothing, it was all fine. What is the difference? They finally got a conviction after twice coming back deadlocked. The message is clear. Vote for a conviction or get harassed by the FBI afterwards. It is time for citizens to start refusing to serve on juries because they fear this response if they vote not guilty.

avatar

The right and responsibility for people to serve on a jury is paramount to our democracy. One of the cornerstones of our nation is the right to a fair trial before an impartial jury of your peers. If anyone be a defense attorney, zealous US Prosecutor, etc. is violating this covenant of our great nation, they should be held accountable per the full weight of the law.

avatar

Talking about rights and responsibilites of jurors hardly address your failed arguments to defeat this reasonable conclusion.

avatar

Now you are just being an a-hole attacking me on anything because I disagree with your lengthy comment about the White House being involved in this case directly. Lets keep the discussion out of the gutter.

avatar

Actually, you appear to be deliberately muddying the waters. Here you attempt to equate "attorney interviews" with "FBI interviews"; yet you fail to explain how "jury polls" are or are not different than interviews. Perhaps this may help clarify for us why you appear to be mixing the following terms: Polling and interviewing; and why you appear to view attorney interviews the same as "jury polls" and "FBI interviews".

avatar

You may wish to reconsider this:

Now you are just being an a-hole attacking me on anything because I disagree with your lengthy comment about the White House being involved in this case directly. Lets keep the discussion out of the gutter.

The basis for your inconsistency, and disagreement with others has been imprecise comments. This problem appears to relate to your different view of what a "jury poll" means. Perhaps you could explain for TPMM why you appear to be muddying the waters with some deliberate confusion. Please clarify for TPMM the difference in your view:

A. How is a "poll" different than an interview;

B. Why are "attorney interviews", in your view, the same or different than a "jury poll" or an "FBI interview"

C. How are you explaining "jury poll" in the terms of an interview: is it during a trial; or is it after a trial?

This may help clarify your responses.

avatar

All, please be aware that the individual testing post unsubstantiated crap and when someone calls him on it, he simply posts more and more crap. The guy is no better than a spammer and should be banned from the site.

Do the FBI Agents in Pittsburgh have nothing better to do than secretarial duties for the US Attorney's office? Why would FBI managers allow this to go on?

avatar

FBI agents do have other things to do. That's the point: The only way to release them, this quickly, is if there was high level pressure, above DoJ.

avatar

That is not true. There are FBI agents assigned to this case already. They are in charge of the ongoing investigation. As part of the responsibilities they serve subpoenas, interview witnesses, execute search warrants, etc.

While having them contact the jurors is odd, it is not illegal and is certainly not something that the central office of the DOJ needs to be involved in.

avatar

The responses you're giving are making assertions, but are deflecting from the issue.

Testing: FBI agents do have other things to do. That's the point: The only way to release them, this quickly, is if there was high level pressure, above DoJ.

This is a dodge from whether these FBI agents, who are not longer actively working this case, but working other cases, need to be brought back to this case. They have other cases they're working on:

GSB27: That is not true. There are FBI agents assigned to this case already. They are in charge of the ongoing investigation. As part of the responsibilities they serve subpoenas, interview witnesses, execute search warrants, etc.

How do you know that the polls you're talking about are appropriate?

GSB27: While having them contact the jurors is odd, it is not illegal and is certainly not something that the central office of the DOJ needs to be involved in.

It may be unusual the central office is not normally involved, but how do you explain the FBI's involvement in the jury polling: Is it your view that investigators may engage in jury polling inside the court, and anywhere? It does not appear as though you're well defining what you mean, nor have you differentiated between permissible and impermissible polling.

avatar

All, please be aware that the individual testing post unsubstantiated crap and when someone calls him on it, he simply posts more and more crap. The guy is no better than a spammer and should be banned from the site.

avatar

When pondering the activities of the Federal Bureau of Investigation, its simply easier to think of them as the Political Police. Everything they do becomes understandable.

Of course they were sent to intimidate, to be the heavy hand of the State. And ordinary folks are all too aware of the ability of the Political Police to rip their lives apart. One phone call to an employer...'we're doing an ongoing investigation of Joe Blow, one of your employees... may we send some agents to your office' or dropping a dime to the I.R.S. about the jurors sales on eBay... or asking their healthcare provider if they verified ALL of the little checkboxes about prior conditions for Mr Blow - and if not, why not?

Anybody with a brain knows what a visit from the FBI means. You're being terrorized.

avatar

White House implicated.

avatar

The link is bull. It links to this individuals rant in the cafe. While I agree with the viewpoint that the case may be political, the arguments you put forth are wrong. The local US Attorney in Pittsburgh does have oversight control for FBI agents in her area. As such she ordered them to contact the jurors after the Wecht trial. The jurors names are public information that all sides possess.

The fundamental error in your analysis is that you argue that the DOJ is part of the judicial branch. It is not. The DOJ is part of the executive branch and reports directly to the president.

Here is a link to the DOJ website noting that the FBI is a DOJ agency.

http://www.justice.gov/02organizations/02_1.html

avatar

The links you provided fail to justify any reasonable conclusion, other than the White House has been implicated in this effort to contact the jurors.

avatar

As with the Iraq WMD issues, the White House is relying on public ignorance. Tellingly, the US Attorney did not issue this non-sense statement:

"It is commonplace for the prosecuting attorneys and the investigating agency, in this case the FBI, to participate in the post-verdict discussion with the jurors," Ms. Philbin said. "Often that occurs before the jury leaves the courthouse. In this case the jury was excused before the attorneys and agents had an opportunity to speak with the members.""

Separate Branch of Government

We're talking about a third branch of government, the court. Attorneys give their closing argument, and the Jury gives its verdict. Then things are over. The court does not then give the executive branch employees -- attorneys and FBI-witnesses/investigators -- another role in the Judicial Branch. The court doesn't keep jurors waiting "until" the Executive Branch gets a second crack at them, nor does the court permit executive branch personnel to put jurors on the witness stand and explain their reasoning. Those deliberations are secret; and the court does not then breach that secrecy by elevating the US Attorney or FBI agent to an inquisitor.

Mock Juries

The reason they have "mock jury trials" is because juries are not available; and the mock juries are designed to give the lawyers an idea of the problems they'll confront. This trial would ask that mock trial/mock juries do not exist; and the FBI and US Attorneys directly interview jurors after the trial. What a load of non-sense.

No Executive Office Power or Role

After the trial, all contact between the jury and the court officers ends. FBI agents do not have a role in a court. They are, at best, witnesses. They are not officers of the court; and court officers (attorneys) have no power over any of the jurors. The court is a separate branch of government. The US Attorneys office would have us believe an absurdity: That the jurors work for the attorneys, and the FBI. They do not.

Too much coordination, too fast, by FBI agents. Not buying this. This was coordinated outside DOJ. We need to hear more about the "post verdict discussion": When the trial is over, the jurors are excused, where they leave. There's no dancing around with the attorneys. The jurors don't work for attorneys or the FBI.

avatar

By law, the US Attorneys Office and the Defense is allowed to poll a hung jury and talk with former jurors if the jurors are willing to talk. That is what happen here.

Contrary to your assertion, the FBI is an agency within the DOJ. The local FBI office in Pittsburgh is under the control of US Attorney Mary Beth Buchanan.

avatar

You've cited no caselaw, statute, or any citation from the US Attorney Manual.

avatar

Because this is common knowledge. It is called POLLING THE JURY. Go look it up on the web.

avatar

Let's put aside what the web says. I'm asking you what you think a jury poll is. It appears you're using a different definition than others. Perhaps this might help.

avatar

The practice is know as POLLING THE JURY. It is common knowledge.

avatar

You have cited no legal citation, caselaw, nor a citation from the US Attorney Manual. Why?

avatar

Contrary to the US Attorneys office personnel's statments, the FBI agents and US Attorney did not, repeat NOT talk with the jurors in the court room. They went to their homes. This is highly irregular.

avatar

The FBI/DOJ is allowed to interview former jury members of a hung jury. The judge released the jury prior to the interviews taking place. To date the news reports from the jury is that the FBI is setting up these meetings with the US Attorney. The issue is why is the FBI being used as a meeting planner and does a call from an FBI agent intimidate people.

avatar

You have provided no legal, statutory, regulatory provision that comments on this assertion; nor have you commented on the rules of the court; nor have you expressly cited any language from any court rule which says the Court must do this:

The FBI/DOJ is allowed to interview former jury members of a hung jury.

Whether they "may" do something does not mean there is an enfoceable right on the US Attorney to order the FBI to conduct home interviews; nor compel any juror to cooperate.

avatar

Some people have argued it was Buchanan alone who directed this review by the FBI. That makes no sense. At worst, Buchanan is tainted because she, as a US Attorney, failed: This case was something she had a stake in. We're asked to believe Buchanan, on her own, acted like DOJ OPR or DOJ IG, to review a case under her control. Buchanan is in no position, on her own, to decide FBI agents need to do an after-action review of her case. Buchanan asks us to believe the absurd notion that US Attorneys, who largely ignore issues, suddenly are concerned. This suggests Buchanan is being deceptive, hiding the real catalyst for her asserted decision. The decision is likely at a different level.

Buchanan needs to put a story together: Why, after which discussion, did she suddenly "direct" the FBI agents not under her control to do something very unusual; and with whom in DOJ and the US Attorneys office did Buchanan "coordinate" her "decision" and the FBI answers/findings? A top-down decision from the White House is the answer.

This is the same non-sense as the US Attorney firings, and the LA Ethics Unit Disbandment: White House is the common element. Stop listening to this non-sense in the media or from Buchanan: Make her appear before the House Judiciary under oath, and then go after the DOJ workflows related to the media reports of the FBI interviews. Apply the lessons of the US Attorney Firings to this.

The most reasonable conclusion, at this juncture: The FBI was sent in, at the direction of the White House, to conduct intelligence for the White House and legal counsel.

avatar

My understanding is the local FBI and DEA offices report to the local US Attorney as well as their head office. It is a matrix organization.

I think you are attempting to build as mountain out of a molehill here. I do not think the OLC is involved. From the response from former attorneys for the DOJ, the use of the FBI in this manner by Ms. Buchanan does not appear to be illegal, just unecessary and overkill in their opinions.

No one is saying that Washington is running this one and I got to tell you that Buchanan appears not to be listening to central DOJ on this one for some time.

avatar

I think based on inaccurate information, you're making an excuse not to examine a molehill: This is incorrect:

My understanding is the local FBI and DEA offices report to the local US Attorney as well as their head office

Wrong. You've cited no procedure, rule, or administrative oversight policy. It doesn't exist. The Federal Bureau of Investigation is an independent division within DOJ; and unrelated to the Office of US Attorneys. FBI agents do not report to US Attorneys. Attorneys are litigators; FBI agents are investigators. FBI agents do not report to US Attorneys, they report to Special Agents in Charge, who work for the Director of the FBI. The FBI Director does not work for any US Attorney.

You'll also notice that nowhere on the FBI "tasks" is there anything to do with "jury interviews". The FBI isn't collecting bonafide criminal investigation, but has been improperly been used. The US Attorney has no authority, unless someone outside DOJ approves it, to direct FBI agents to gather information from the judicial branch where the names of the Jury Members were.

You're making excuses to do nothing. Fine, then do nothing, and let TPMM get moving on asking why the US Attorney isn't responding to the questions:

Even if it is a matrix organization, this doe snot put the US Attorneys in a position to control the FBI audit and review of the case the US Attorney represented. You're asking us to believe the US Attorney directs an OPR-like review through the FBI agents of jury members. That's non-sense:

My understanding is the local FBI and DEA offices report to the local US Attorney as well as their head office. It is a matrix organization.

You haven't provided any reasonable answer, merely the assertion that there's no problem. Conyers is concerned, you're not. Great, go run against Conyers:

I think you are attempting to build as mountain out of a molehill here.

You have no basis for this assertion or belief:

I do not think the OLC is involved.

This is a nice dodge from (a) "improper use" to (b) "iliegal": We're not arguing that the FBI action was illegal; but the White House directed FBI and US Attorneys to go after the jury. You're making excuses to believe White House drivel of, "It wasn't us" or "The US Attorney did this on their own". Their story isn't adding up, but you like it, great. This sounds like more of the "Oh, we were fooled by the White House"-whining before the Iraq invasion:

From the response from former attorneys for the DOJ, the use of the FBI in this manner by Ms. Buchanan does not appear to be illegal, just unnecessary and overkill in their opinions.

It sure isn't normal.

This is flat out wrong, it has been asserted the White House directed this:

No one is saying that Washington is running this one

Washington must have been directing this: No way the FBI after Congressman Jefferson-incident would keep this from the White House. If Buchanan "wasn't" listening to "DOJ" on "this" one why is she now listening? Because the White House.

and I got to tell you that Buchanan appears not to be listening to central DOJ on this one for some time.

If Buchanan wants to provide her statement, under oath, to the House Judiciary, she's welcome. Until then, the answer is in the White House legal office. Until a Grand Jury is empaneled, the public should be screaming about this continued abuse by the White House.

You're making a circular argument to do nothing. Fine, go join your friends whining about being misled about Iraq WMD. This White House story isn't adding up. Still no answers from the White House on the US Attorney firings, but you want to believe their story on this one. Get real. They lied then. They're lying now. The burden of proof is on the government. The media is lapping up this baloney as it did with Iraq WMD, 9-11, the Patriot Act, the excuses not to impeach. The irony is you're spending so much time arguing to do nothing, but your arguments for doing nothing are absurd. Congratulations for leading the intellectually lazy.

avatar

Please do not call me intellectually lazy or other attacks. It is unneeded. The FBI is not independent. It is an agency of the DOJ. The US Attorney is a member of the DOJ. The White House has not been implicated in directing the FBI to be used. The prosecution is alleged to be a politically motivated one put together by Mary Beth Buchanan to further her career. That is what was testified to by AG Dick Thornburgh.

I take it that you have never dealt with the DOJ before. I am glad for you. I have known people that have. The FBI are the DOJ's attack dogs. If you watch law and order, it is very similar to the relationship between the detectives and the attorneys. If the attorneys get a subpoena on an individual or say a search warrant, the FBI is the one that executes the warrant/subpoena. If the case is drug related, the DEA is involved as well.

Personally, I have no issue with oversight happening in this case because it has clearly been lacking for sometime.

avatar

White House Implicated

There's a reasonable basis to implicate the White House. If you're asking for the White House to agree with that, don't hold you're breath. This is incorrect, as the White House has been implicated:

The White House has not been implicated in directing the FBI to be used.

Red Herrings; Asserting Facts Unrelated To Original Points

FBI agents are not controlled by the Office of US Attorneys. For Buchanan to "direct" the FBI agent to do anything, she would have to coordinate through the FBI SACs, and DOJ Stsaff, and the Office of US Attorneys. However, the problem doesn't stop there. Once she admits that she's getting court information, she's admitting she's working with the Judicial Branch, and that triggers White House involvement. Buchanann cannot credibly argue, on her direction alone, the FBI did or didn't do something. The FBI may have done something, but this would only be agreed to once DOJ Staff and the FBI approved of that coordination, especially once names from the Judicial Branch are involved.

You're changing the subject from whether the FBI agents are or are not independent from the US Attorneys, to whether or not the US Attorneys are or not under DoJ. That's an intellectually dishonest argument, and proves nothing; nor does it address the original flaws with your argument. It can hardly be called sterling work for anyone, to respond to valid questions about their argument, to then offer more convoluted arguments.

Specifially, you first argued that the US Attorney directed the FBI; now you're changing your argument to whether the FBI and US Attorneys are or are not assigned to the DOJ. You've changed your argument, and you're asserting something that's not relevant:

The FBI is not independent. It is an agency of the DOJ.

This is irrelevant, as you've not addressed the invalid point you're making. It may be true that the US attorney and FBI agents are both in the DOJ; but this does not mean that the FBI agents work for the US Attorney; or that the US attorney can direct the FBI agents. Just because Buchanan "said" she did doesn't mean she didn't clear this through the US Attorney's office, FBI, and DOJ Staff. Again, once the DOJ gets information from the Judicial Branch, this triggers an Executive-level memo. It's called a tasker or workflow. You're not addressting the Jefferson debacle.

The US Attorney is a member of the DOJ.

Rather than address your flawed arguments, the best you can offer are meaningless assertions which may or may not be true. Putting aside whether this is true or not, it's then highly improper for Buchanan to direct the FBI to investigate the case. DoJ OPR should have done this, not at the direction of the US Attorney. You're distracting attention from the key issue:

The prosecution is alleged to be a politically motivated one put together by Mary Beth Buchanan to further her career.

Irrelevant

This doesn't address the White House and US Attorney relationship, which still hasn't been resolved:

That is what was testified to by AG Dick Thornburgh.

Then it's proper for DOJ IG and DOJ OPR to review this, and improper for Buchanan to muddy the waters with her involvement with Jury Members and FBI agents. Buchanan should recuse herself.

Here's another example of a dodge, and has nothing to do with the White House:

I take it that you have never dealt with the DOJ before.

Dubious Credibility

The burden of proof is on the government. This tells us you're taking information, from an indirect source, to comment about an indirect matter:

I am glad for you. I have known people that have.

Irrelevant

You're missing the issue: US Attorneys do not supervise FBI agents. This is irrelevant:

The FBI are the DOJ's attack dogs.

Prefers TV Shows Over Testimony Under Oath

You're asking that we watch TV shows, and not ask questions about why the FBI, that isn't assigned to the US Attorneys office, has a relationship with the US Attorneys. You're talking about a "relationship" in terms of personalities; but you're missing the organization relationship which is unique to DOJ: Prosecutors do not fire and hire FBI agents.

If you watch law and order, it is very similar to the relationship between the detectives and the attorneys.

Red Herring

You're confusing the issue of the jury interviews with an irrelevant criminal matter. FBI agents are the ones who write the affidavit, and they seek the search warrant. The Court then grants that agent making the affirmation to the court the warrant to conduct the search. It has nothing to do with a prosecutor:

If the attorneys get a subpoena on an individual or say a search warrant, the FBI is the one that executes the warrant/subpoena.

FBI agents are note (yet)_conducting a criminal investigation of the jury members? This isn't an issue of the US Attorney ordering anything; it's a question of whether the court would or wouldn't agree with the release of the jury names, to the US attorney and/or FBI, for the FBI to review. You're throwing in a court-directed warrant which an investigator secures. Prosecutors don't conduct searches; investigators conduct searches.

Putting that aside, you're making irrelevant assertion, and doesn't address the question of who directed Buchanan to take this; and how Buchanan and the FBI, this quickly, coordinated on this issue, and secured from the Judicial Branch the names:

If the case is drug related, the DEA is involved as well.

We can agree on this:

Personally, I have no issue with oversight happening in this case because it has clearly been lacking for sometime.

Great, then stop making excuses to lap up the non-sense from the US Attorneys office; and ask yourself why the US Attorney, that has no oversight of the FBI agents, is suddenly involved in directing investigators to review a case under her control? You're missing that. DoJ OPR, if anyone, should be working on this, not Buchanan herself. It's improper for her to be using FBI agents to do some "after action reviews". Nothing you've said supports your arguments for doing nothing. The best DOJ can offer is the non-sense you're giving: Contradictions, confusion, redherrings, and dubious assertions. Same story we had with Iraq WMD, 9-11, and the US Attorney firings.

avatar

Ya'll know that one of the Democratic nominees has taught Constitutional Law at an ivy league school - The other nominee from the Democratic Primary affirms her proudest moments in life have been of counsel for the Children's Defense Fund .
We must get both of these nominee contenders on record for all the impeachable offenses committed by this immoral neoskum Administration . We've got several more months to get them both tuned in to the outrage we are feeling .
Testing you are right the Bush Regieme is using the FBI to intimidate jurors in the Wecht matter,on orders from the Whitehouse..
It seems the last constitutional guarantee left intact & availble to me is my Second Admendment - And as that great American Charlton Heston stated for the rest of the NRA membership " They ( the governnment) can TAKE our second amendment rights when they pry them from our cold dead fingers " ( I paraphrase but )
This is an issue that is bedrock to all Americans -I have many liberterian friends that also are outraged by this Putsche .
Fomer Congressman Bob Barr who has called for impeaching both bUSH & cHENEY is now the Liberterian Candidate for President - we need to use his campaign as a vehicle to get the word out about this illegal attack on our basic Rights as a Free People ...
PS Barr was part of the "impeach bill for the bj possse-" & is a former field agent for the CIA - I think he would be a wonderful special prosecutor to sic on this bunch after the next administration takes office !!

avatar

The issue isn't whether they are or are not allowed to do anything; the question is who in the White House directed this effort across multiple DOJ divisions and the Judicial Branch. The story Buchanan gave doesn't add up, as she has no power to direct the FBI. She's a prosecutor, not a Special Agent in Charge.

Diversion

"Allowed to" is not addressing the issue of "direction", as in "Who directed this"?

The FBI/DOJ is allowed to interview former jury members of a hung jury.

You're also "permitted" to do many things, but that doesn't mean you should; nor that it is ethical or lawful. You have not addressed the issue of how the US Attorney, working for the President, got access to the Jury Members home addresses within the Judicial Branch; what "investigation" the US Attorney was leading; what specific "case" outside the original litigation, the US Attorney is now working. Once the case ends, it's over. You're asking for the opposite: US Attorney gets to go on a fishing trip, ignore the mock jury system, and throw the FBI agents at the juries. What a load.

Assertions Devoid of Reason

Interviews are not normal. You're repeating the US Attoney's clap-trap. Stop that. Don't care about the "judge releasing" anything or "interviews": That's US Attorney office non-sense. Again, this is a separte branch of government, the DOJ officials do not govern the jury members; and after deliberations, the DOJ personnel in court do not have jurisdiction over anyone. The "judge released them before interviews"-assertion is a meaningless. The sky is blue:

The judge released the jury prior to the interviews taking place.

Don't care what the US attorney story is about "judge releasing" the jury or the "interviews." That's non-sense. Note again, that assertion didn't come from Buchanan, but from someone else in her office. Look at the Attorney Standards of conduct: She didn't make the statement because to do so could implicate her for alleged misconduct. It's highly irregular for FBI agents to be talking to jury members, especially at their homes, this quickly, about a high profile case.

TPM Parrot Unsure About US Atty-FBI relationship

Get your story straight: Is it the US attorney directing the FBI; or is it the FBI working with the US Attorney.

To date the news reports from the jury is that the FBI is setting up these meetings with the US Attorney.

Either the US Attorney is in charge, or they're not. You're still not sure, are you. You're dutifully reporting the White House spin. Wasn't the lesson of Iraq WMD that we need an independent media, not lapdogs.

No Clarity To Who Directed US Attorney

Great, we can partially agree on this:

The issue is why is the FBI being used as a meeting planner and does a call from an FBI agent intimidate people.

You didn't address the issue how, the Executive Branch, got access to Judicial Branch information; who released it; and how the FBI agents go the names of the jury, and their home addresses. These wer not calls, these were meetings in jury members homes. The FBI doesn't do phone interviews, they send agents to meet you in person. Classified investigations do not use unclassified communication methods: Telephones.

The question is how the FBI agents, this quickly, were cleared with the names, got US Attorney coordination, were conducting litigation reviews, and were freed-up this quickly. Your "analysis" is merely a retelling of the drivel we've read in the media.

- Who in the White House prompted Buchanan to do this?

Let's hear something under oath, and don't repeat her clap-trap. She appears to be tainted: Improperly conducting a DOJ OPR-DOJ IG-like investigation through the FBI.

avatar

Testing, I have attempted to answer your viewpoints with fact and links to the news article. Basically, I have tried to fill in the holes in your analysis that results from you not reading the articles on the case or understanding the process in relation to a hung jury. I do not mean to offend; however at this point perhaps bluntness is best.

The simple fact is US Attorney Mary Beth Buchanan is the head of the DOJ for the Western PA District. All members of the DOJ report to her in that district as well as Washington.

The second fact is the jurors names were provided to both the defense and the prosecution at the onset of the trial. After a hung jury, the defense and the prosecution is allowed by law to interview the jury to poll them on the case. The addresses were already provided to the court and were surely released to the defense and the prosecution after the verdict. If you go to federal court house and look at the public record, you get all the names and addresses of the jurors on the case.

Here is the latest news story which outlines this fact.

http://www.pittsburghlive.com/x/pittsburghtrib/news/s_562027.html

The White House is not orchestrating a case against a Pittsburgh Democrat. What you have is a US Attorney who has gone off the reservation in an attempt to curry favor with her superiors.

Please stop posting responses that say red herrings and talk about 9/11 and WMD. Such responses are beneath you and belittle your arguments. I ask that you please go and research the workings of the US Attorneys and the court system prior to pushing points as fact when they are not. My concern is that when someone pushes things that are wrong in this type of argument, the result is the entire argument fails to gain support. In this situation, a review of the US Attorney in this case is surely warranted.

avatar

Thank you for your comment. As discussed here, your arguments you've provided are invalid, as was done during the Iraq WMD debate and in re 9-11. I agree a review is warranted, but do not well spring board from your commentary. The White House remains implicated until they provide credible information about the FBI interviews under oath. Then, we may reconsider these adverse inferences. Back to Conyers.

avatar

Testing and others, I am not defending the Bush administration. My concern is your failure to understand the inner workings of the DOJ, in this case the Western PA office, has caused you to jump to an erroneous conclusion that the White House must be running the show.

The simple fact in this case is it appears that US Attorney Mary Beth Buchanan is controlling the decisions in the case.

I hear the crap about mock juries and what not, when you fail to understand that interviewing juror members in a hung jury is commonplace in the court. This process is down so that both sides can understand the likely result of a retrial. This practice is know as polling the jury.

It is not commonplace to use the FBI to do this though. That is the issue in this situation. People are angered that the US Attorney had the FBI contact the jurors.

The concern that is now raised is because you have are so zealous to implicate the White House, you will overlook the true criminal in this situation. I hope this does not happen.

I await the fifty responses that argue WMD, 9/11, Red Herring and scream at me for not providing links. Sorry, I do not have time to provide links for known court practices such as polling a jury or the known relationship between the FBI and the US Attorneys.

avatar

I read this and noticed there's a subtle change from "poll" to "interviewing". That's a curious change, and seems very similar to the change from "attorneys" to "FBI agents".

you fail to understand that interviewing juror members in a hung jury is commonplace in the court.

- How did jury "poll" change to "interview"?

The issue may be that we're using different definitions of polling. Could you clarify for TPMM your view of jury polling. If others understand your definition, I think things will make sense. This may help clarify for others what you are attempting to say.

It appears as though you're doing the following:

A. Confusing the words "interviewing" and "polling" and treating them the same;

B. Attempting to make it appear normal that "attorneys conduct jury interviews";

C. Pretend that a "jury poll" is the same as an "attorney poll" an "attorney interview' and an "FBI agent interview"

Within your own statements you're not being clear, raising questions about your definition. It would be helpful if you considered the link, and:

- Differentiate between your definitions of polling, interviews;
- Explain why attorney interviews should be the same as other FBI interviews; and
- Discuss how a jury poll is or isn't different than an FBI interview.

We're not asking you to explain this; we're asking you to be specific with your terms. Right now, it appears you're confusing many terms as one. If that is by design, or confusion by others, I think you'll be able to help clarify things.

I'm wondering if the FBI Agents responsible for the case were eager to find out what else they had to prove and volunteered to make these calls to help get the jurors' cooperation. It doesn't sound plausible that the US Attorney would try to order them to make the calls to the jurors. Orders would come from an FBI manager and an order has to be work related. How could making calls to former jurors possibly be within the scope of an FBI Special Agent's duties, unless there are allegations of a crime involving the jurors themselves? Was the intent to inspire cooperation by misleading them into thinking they were being investigated?

GSB27,

your feeble attempts at trying to re-direct, are only getting Testing going.

Nice goin' GSB27.

But Testing wins.

avatar

Bushicide. I'm from Pittsburgh, I know the law, I understand the administrative barriers between the DOJ and FBI, I know this case, and I'm sorry but the testing guy is flat out wrong.

My biggest concern is because people such as testing are pushing so hard for this situation to be about the White House and Bush directly, they are going to let an extremely corrupt and dangerous prosecutor such as Mary Beth Buchanan have a pass. This lady is worst than Ashcroft and Gonzalez combined.

The situation basically is that Buchanan saw the writing on the wall that Bush and Co. wanted to