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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.

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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.

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

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.

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.

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?

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

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.

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.

Your links are meaningless contributions to your argument.

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.

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.

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.

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.

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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?

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?

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.

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

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.""

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.

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

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.

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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.

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.

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.

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.

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

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.

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".

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.

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?

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.

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.

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.

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.

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.

White House implicated.

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

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.

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.

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.

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

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

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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 !!

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.

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.

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.

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.

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.

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 go after Democrats. She then decided to start a string of cases which this Wecht case is apart of. Now the case has blown up and she is using resources as best she can to attempt to patch things together.

Talking to jurors after a trial is not illegal at all. Sending the FBI to do it is in poor taste and can be seen as intimidation, but it is not illegal. The local FBI can be utilized for the requests of the local US Attorney.

I'm sorry that my opinions and the facts don't align with the great Bush witchhunt. I just do not wish to see people that are not informed push angles of a story that are not there and alleged assertions which are not fact that result in real criminals getting a pass.

Your comments cannot be taken seriously. What you're now saying is still not supported by anything but assertions. Here is a detailed breakdown of your current assertions which you've just shared at the comment above. The information you've provided at the links is worthless, and doesn't support your argument. You need to make a stronger argument and more precise criticism based on specific statutes, practices, case law, legal theory, or something specific. Nowhere near that. I would encourage you to discuss your concerns and comments more closely with White House counsel. They appear to require your assistance.

Sir, you have proven yourself to be an uninformed individual. I do not see why I must provide information that is readily available on the web per the links in the initial article above. I also do not understand why I must explain the common practice of POLLING A JURY.

Please stop attempting to say I support Bush and Co.

I'll stop posting now because I do not feel having more of your shit hit the comment section benefits anyone. Now I realize how the Republicans can stay in control. When people such as you are fighting against them, it is pretty easy.

Perhaps you may enlighten the TPMM to "your view" of what a jury poll means. The issue for purposes of this discussion, not the case itself, may be that we're using different definitions of what a jury poll means. That difference may be driving us to arrive at equally valid, but opposing views of what is or is not permissible. in">http://tpmcafe.talkingpointsmemo.com/talk/2008/04/white-house-implicated-in-fbi.php#comment-2718821">in light of this, could you clarify for TPMM what your view of jury polling is?

This is another classic red herring of Rove and Addington in the GOP. It appears someone is imagining things:

Please stop attempting to say I support Bush and Co.

You'll have to provide something specific, as you have not done with your view of what a jury poll is. It's up to you if you want to get frustrated:

I'll stop posting now because I do not feel having more of your shit hit the comment section benefits anyone. Now I realize how the Republicans can stay in control. When people such as you are fighting against them, it is pretty easy.

We've attempted to seek your input, but you've refused.

Feel free to let the DOJ OLC staff counsel in the GOP know that their smokescreens are not working. Jury polls are not the same as FBI interviews. If you believe otherwise, make your case.

It's amazing how peole who make silly arguments -- like those calling for an illegal invasion of Iraq -- will conclude with, "All this confusion means the GOP will win." Not necessarily. The GOP might be prosecuted for war crimes. That's losing. Will John Yoo be prosecuted for war crimes?

Testing besides providing long winded rants, your comments have no case law, articles, or guidelines supporting what you are saying. All your links do is link a reader to another one of your comments that provides no basis for your argument. It is interesting that you now attack my comments on the same ground.

You're mixing terms. Perhaps the basis for your discussion could include a clarification by what you mean by a jury poll:

- Is a jury poll the same as an interview;

- Is an attorney interview the same as an FBI interview;

- Is a jury poll the same as an attorney interview or an FBI interview?

GSB 27 .
If all what you say is true -there is still one underlying fact that cannot be denied -this wHITE House hand picked political USAs such as Buchanon to go after the Democrats hammer & tong .
Recall that when Ms Simpson asserted down in Alabama that Karl Rove asked that state USA to go after a sitting Democratic Governor - that implicated a senoir adviser to POTUS. Recall also that Ms Simpson's house also was burned too the ground -with no suspects taken into custody.
It does not take a matrix or a polled jury to see the tracks of the Whitehouse in many many of these controversies.
GSB 27 don't take me & testings word for the wHITEHOUSE meddling go ask Carol Lamm or David Iglesias- And we are not on a Bush witch hunt - we simply want our country back from these criminals ...

Al,

I am not denying that Bush & Co. have politicized the DOJ. I agree with the points you have made concerning such allegations.

I just do not buy that the White House is directly involved in the Wecht case. I agree with the sentiments of former AG Thornburgh that if the Wecht trial is political, he was most likely targeted independently by Buchanan in an attempt to curry favor with the Washington brass. When Buchanan kept seeing people advance for going after Democrats, she had to see the writing on the wall per the sentiments of Thornburgh. So my view in this case is that the environment of politicizing the DOJ in DC indirectly spawned this BS case. Buchanan, being a member of the central DOJ from 2004 to 2005, would be aware of such practices.

Now that the Wecht case has fallen apart, the prosecution is attempting to stay afloat. They can not stop the Wecht investigation because things have gone too too far. As such, you get bonehead moves like having the FBI investigators on the case involved in questioning jurors, etc.

The environment in DC needs to change so that these types of situations do not occur. I personally think you the argument for the politically motivated prosecutions orchestrated by the central DOJ office and the White House are better made with cases of direct involvement by the White House Staff such as the Siegleman case.


Oops, I forgot to mention that I agree with you that the White House picked a bad US Attorney here. Their track record in political appointees has been dismal.

GSB 27 - okay we agree generally that bUSHCHENEY is an ongoing criminal conspiracy . We disagree that the White House has been directly involved in all of this . My recommendation is that we all download James McMurtry's newest album -particularly listening most carefully to the cut titled "Cheney's Toys " After that we send MORE money to "WEXLER WANTS HEARINGS .com "
I hope & pray that we have full ,open , and thorough investigations into all the damage done by GW43 - and those responsible are fully held to account. Maybe then GSB 27 we will truly know how much direct involvement Turdblossom had in all of this . Remember regarding the torture seminars that the Principals were attending a the White House even jOHN aSHCROFT stated that 'history would not judge these activities well "

I do not agree that the White House is directly involved in the Wecht case or the use of the FBI in this manner. Such speculation is not supported by the information presented at all.

I agree that due to other actions taken by the Bush Administration, an environment was created that may have propagated the undertaking of the Wecht case by low level appointees looking to score brownie points. I also agree that such an occurrence needs to be investigated by congress which Congress has done so since October 2007. To date, nothing has been released from the Congressional hearing.

You're entitled to believe this:

I do not agree that the White House is directly involved in the Wecht case or the use of the FBI in this manner.

Here, you suggest that some conclusion are speculation. Could you comment on whether some polling is a conclusion or speculation:

Such speculation is not supported by the information presented at all.

Please review the practices of an attorney in relation to a hung jury. Such practices are not speculation.

You assert there are "practices" by an "attorney" but cite nothing in the US Attorney Manual. Why?

Once again, this demonstrates that you have little understanding of the matter at hand. It is unfortunate that you feel compelled to clog up the comment lists with a question such as this, yet it is demonstrative of how you came to such unsubstantiated speculative argument that you have posted throughout these comments.

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

Could you care to discuss your reasons for repeating the words, "predominant sentiment" in terms of the jury deliberations.

- Do you have a reason for posting these links?

- Are you attempting to convice TPMM that these links are helpful?

- How do these links help clarify your view of what a jury poll means?

These links were posted to provide people the viewpoint of the Pittsburgh public on the case not the jury sentiments.

GSB 27 ,
We can agree to disagree about the specifics of the wEHCT case- but you will never disabuse me that this is not the pattern & PRACTICE of an ongoing criminal conspiracy aka GWB 43 -
And please on your next post respond to testings request for your terms to be defined ie
"polled jury " interview vs jury polling. And also cite some specific examples of the S A C being superseded by the USA after the jury has rendered its verdict -especially regarding either interviewing or polling a juror at home after the case is decided.
fRANKLY GSB 27 we have seen some pretty sophisticated trolls on this thread over the years - and we have become quite skeptical of 'drop bys " .(Gee GSB 27 you aren't trolling here are you ? ) Furthermore GSB 27 there are some pretty well placed and smart thinkers here that are probably even now using this tpmm THREAD for Discovery for future court actions -just fyi buddy ! PS --Also someone from this thread is also probably back tracking to the original ISP from all of this traffic - fyi again buddy ..!

Al,

Here is a heads up; and some discussion on why it's important to get clarification on their definition of jury polls. It appears the US Attorney and DOJ Staff have walked into a trap, and are stuck.

Al,

Here and here is some discussion of related issues.

Here and here is some discussion of other issues.

Apologies to all,

At this end, received an error message indicating the message had not going through, and did not connect. Sorry about the multiple messages:

April 13, 2008 11:57 PM
April 13, 2008 11:54 PM
April 13, 2008 11:51 PM
April 13, 2008 11:49 PM

After submitting a comment it may take several minutes to appear. Please only submit your comment once.

However, as you can see, the comments were rewritten, not duplicates of eachother, and not simple re-posts. The error message wiped out the message posted each time, was unable to retrieve. It took about three minutes to reconfigure the browser, re-find the links, then post the new comment.

Al,

I am not connected to the White House or this case. I am simply a person from Pittsburgh that has followed this case since it hit the papers two years ago. As stated before I do not agree with the unsubstantiated view that the White House is directly involved in the Wecht case. My view is that the environment created in Washington has indirectly spawned prosecutions such as this one in Pittsburgh where a low level appointee feels a conviction of a prominent Democrat will help her advance. This statement is purely an opinion on my behalf as is your view the White House is orchestrating everything.

I provided a response to testing on jury polling and interviews in my last posting. They are two separate things.

Polling is the practice of the jurors saying whether they voted guilty or not guilty on each count.

Interviews, which are separate, are allowable after the jurors are released. Jurors can decline to provide information to the prosecution and/or the defense during interviews since such interviews are voluntary. The issue with using the FBI to handle the set up and execution of the interviews is that the jurors may feel intimidated and may not realize they have the right to decline a question.

Normally these things can happen right after the decision of the judge that a mistrial is rendered, but in the Wecht case, the judge in one of his many controversial rulings released the jury without providing the defense or prosecution the opportunity to interview them after the mistrial decision. As such, both the defense and the prosecution are now attempting to schedule interviews with the jurors that they would have done during the day of the decision.

A case that a family member of mine was involved in a few years back ended with the jurors refusing to be polled or interviewed. I point this out because it should be noted again that the jury can refuse these requests.

In this case, there was no verdict. The jury was hung at the end which resulted in a mistrial. A hung jury results when some jurors are for a verdict of guilty and some are for not guilty and no unanimous decision is rendered.

As for the IP comments, I have nothing to hide and people can do such. I am not a troll working for the White House, etc. You do not need to be sophisticated to go review my sign on id and track back to me. I really hope you are not attempting to threaten someone that has a divergent viewpoint with you.

Al: FYI.

Testing ,
So who is the State Attorney General for Pennslyvania -and is there a mechanism that the state attorney general can use to start impeachment proceedings against Buchanon-? Can a sitting USA be impeached ? Would not impeachment proceedings be a good vehicle for discovering if indeed the Whitehouse was involved in the wECHT case? And does it appears that the jury poll trap that the Buchanon crowd finds itself could be a high crime & misdeamenor ? Wonder what Sen Specter or Sen Casey might say about the Wecht case -Has not Casey endorsed Obama? This is an instance where the Obama or the Clinton campaign could show some leadership - and push back on this subversion of our DOJ ! (Paging Gov Rendell ..! )

Al,

Unfortunately, the state of PA has no authority of the US Attorney of Western PA. The US Attorney reports to the US Attorney General. Only the US Congress can initiated impeachment proceedings against Buchanan. Difference between federal and state government.

As for Senator Spector and Casey, they have not weighed in on the case publically. The common practice of ongoing cases is for the legislatures to refrain from publically weighing in on the case due to the potential impact they may have on the process of justice. It is doubtful that two senior politicians will break this practice.

It should be noted though that Congressional Representative Mike Doyle has broken this tradition and stated the following:

"I am very reluctant to intervene in a judicial proceeding - and like most people have watched quietly as the government's case against Cyril Wecht was made - but after seeing news reports from jurors, I have serious concerns about the appropriateness of a retrial. Specifically, I have concerns about the government's decision to seek a retrial before even interviewing the Wecht trial jurors. Had they done so, they would have learned, as reported by the jury foreman, that a majority of the jurors were voting not guilty on the charges and that many had come to the conclusion that the case was politically motivated. It also concerns me greatly that the FBI contacted jurors at their homes to request interviews about why they deadlocked. That would be intimidating to just about anyone. If what is being reported is true, it is my intention to contact the Attorney General's office to ask him to review this case to determine whether justice would be served and taxpayers' money well spent by seeking a retrial."

If you have other question, just ask.

Ok, Testing, jury polling is the process of asking each juror to say where they stood on the case. You ask the juror did you vote guilty or not guilty. It is a method to understand where the jury which is hung stands on the case.

You have defined "jury polls" as something that happens after the case is over. You have not pointed to anything, nor a trial procedure to explain how this is governed. You did not answer who asked the questions: Is it the court or the attorney:

jury polling is the process of asking each juror to say where they stood on the case. You ask the juror did you vote guilty or not guilty. It is a method to understand where the jury which is hung stands on the case.

You state it is a "process" but are not clear who governs that process: the court, or someone else.

You have not explained why a "jury poll" is conducted after the jury can or cannot do anything about it. Why?

What's the point of conducting a "jury poll" after the jury members are out of court, unable to reach a verdict, or change their deliberations?

It appears you confusing "jury poll" with "attorney interview" and "FBI interview"? In your definition of jury polling, who is doing the polling: The attorney or the interviewer?

You are not distinguishing between "jury polls" and "attorney interviews". Why?

You are also not clear whether the jury poll occurrs only after the trial has ended; nor have you explained during a "jury poll" why anyone would care what specific reasons a jury is unable to reach a verdict. You are not being precise.

Testing, PLEASE GO RESEARCH WHAT THE PROCESS IS FOR CONTACTING JURORS AFTER A TRIAL THAT RESULTS IN A HUNG JURY PRIOR TO GOING OFF ON YOUR RANTS. I am not your surf and will not do go and provide you links on common knowledge that someone who boasts to be knowledgable on the issues of the courts and separation of the bodies of the government as you do.

Not asking you to do research, which you openly say you (have/not not have) time to do [40 links in 10 mins per you). Putting that side, asking you to clarify your response sharing your views of what a "jury poll" is. When you clarify your views, maybe we'll have a discussion about whether you have or haven't responded fully. You appear to be evasive. Why? The responses to date have been inadequate. These questions and issues. You're being vague. Why?

Actually I have not been vague at all. On the contrary, you have been extremely vague.

Your argument that you posted in the CAFE (without your signature) is that the WHITE HOUSE IS INVOLVED DIRECTLY IN THIS CASE. There is nothing to substantiate such and you provide nothing more than a long winded rant that provides no substance.

So in end, we have to take it that the White House is involved because you say so.

Sorry, it does not work that way. It also does not work that an argument is logical or reasonable because you say it is as such. I await your idiotic response in which you take each of my sentences and provide a commentary that add nothing except assertions and speculation.

All,

Here is the latest of a series of op-eds on the case. Hopefully, we do not all get a long winded attack by the guy testing who has yet to offer any case law or relevant facts to date in his quest to say the White House is involved, but of course we will.


http://www.pittsburghlive.com/x/pittsburghtrib/opinion/columnists/reiland/s_561963.html

Testing, I sat for about ten minutes and started to prepare a response, however after the response became over forty pages of citations to how you are incorrect, I thought it best to not post and simply point out the outright error.

Basically, your argument is that the information on jurors is protected from the prosecution, defense, and public. It is unfortunately not. The information on jurors is provided to the prosecution and defense upon the seating of the jury. The information on jurors is provided to the public as part of the public record. This information includes names, addresses, occupation, etc.

Unless an anonymous jury is seated, which did not occur in this situation, all the information is available to the public. Sorry, I am not going to post something that should be known already if you did your research on this issue.

PLEASE STOP POSTING YOUR IDIOTIC RESPONSES THAT PROVIDE NO CASE LAW OR CITATION TO SUPPORT YOUR ARGUMENT.

Your postings to date have been one of common practice by individuals that lack an argument.

You write dubious, unsubstantiated, etc. hoping no one sees these exact errors in your argument. You then add Red Herrings such as WMD and 9/11 because keeping on topic about "Why a US Attorney sent the FBI to talk with Jurors" is out of your scope of reasoning.

Then if your diversion tactics have failed, you attempt to argue that the messenger, myself, is somehow against the review of the US Attorney's actions in this case which fails to take into account that I was the individual who posted the link to the article in question on the jurors concerns over the FBI contacting them on a previous TPMMuckraker blog posting and stated that TPM should do an article on it.

Response to Testing:
OK, SO THIS IS YOUR ARGUMENT:
The issue has to do with the speed the FBI and US Attorney were able to move; and how quickly the US Attorney was able to secure DOJ Staff concurrence to direct an FBI interview (not a jury poll) of jury members at their homes.
HERE IS THE ACTUAL ARGUMENT BEING DEBATED IN THE PRESS AND BY MEMBERS OF CONGRESS:
The issue has to do with the decision to utilize FBI agents to schedule and be apart of the interviews of the jurors.
The concern of such practice is that the use of the FBI in this manner can be viewed as intimidating to some (in my opinion most) people when it becomes public and this same public body has the potential future jurors of the second trial within it. It is a reasonable view that such tactics by the FBI would become public due to the media attention and coverage on this case.
The issue does not have to do with the speed of such actions at all. If you review the information on the case that is available, you will realize that the jurors were out for over three weeks on this case and had stated by the end of week two that they were hopelessly deadlock. The decision to immediately initiate interviews and polling of the jurors after the trial verdict was rendered (and if it was a hung jury) was surely made well prior to the decision on the final day of jury deliberations. This view is an assumption on my part, yet since the Assistant US Attorney made the call to ask for a retrial in less than five minutes after the judge ruled a mistrial, it is a fair assumption. The Assistant US Attorney surely did not request a retrial without first getting the approval of US Attorney Mary Beth Buchanan.
Here is what is wrong with your lasted posting
FIRST: You have posted nothing to support any of your arguments to date. Instead, you have posted assertions that are not substantiated or have posted comments on Gitmo, 9/11, WMD that are not related to the topic at hand. It is also very amusing that you post links to your other comments that have nothing in them of substance at all. A link to your other comments is not a link to source material.
SECOND: You once again overlook the fact that the information on the jurors is fully available to the public, the prosecution, and the FBI. To date, you provide no information how such information on this case has been sealed opposed to the standard practices of the court. I recommend that you review the articles on this case in related to the failed effort to seat an anonymous jury available by the PITTSBURGH POST GAZETTE and TRIBUNE REVIEW January first week editions.
THIRD: You now bring in Jefferson’s Office raid which is not related to the topic at hand. Another great move of misdirection since you provides no substance in your assertions to date. This tactic is becoming a common one on your part. I have not answered it because it is not related to the issue at hand. The execution of a search warrant and seizure of evidence is not related to the request for a voluntary interview which is the central issue here.
FOURTH: You once again overlook the fact that multiple papers have already reported that the person leading the investigation and prosecution of Dr. Wecht, US Attorney MARY BETH BUCHANAN, has released a statement through her staff that she order the FBI to contact the jurors to set up interviews. Please go review the PITTSBURGH POST GAZETTE, THE PITTSBURGH TRIBUNE REVIEW, WTAE, and all other news outlets.
FIFTH: Now you say you have issues with the jurors asking to remain anonymous in the newspaper when they provided their views on the case. Once again, the information on the jury members such as their names, address, and occupation is publically available if you go to the court house. Most people will not go to the court house to review this information as clearly demonstrated by your very actions here. Even though this information is public, the papers can not publish such information without the consent of the jurors.

Since the case of Dr. Wecht has been highly publicized throughout the Pittsburgh area, I can imagine why the jurors would not want their neighbors and everyone else knowing they were on the jury in the case. Many people have divergent opinions on the case overall and I could imagine that the jurors would not wish to have their neighbors and other random people share such views. Additionally, once the jurors release their names to the press, they can no longer argue that others should respect their privacy. Dr. Wecht, the individual in question, has a history of writing poison pen letters to individuals that have disagreed with him.

SIXTH: Yes, I do claim the FBI can interview a person without a warrant BECAUSE THEY CAN TALK WITH SOMEONE VOLUNTARILY WITHOUT A WARRANT. A warrant is required to search someone’s property, arrest someone, but it is not require for an agent to ask someone questions in relation to an investigation. If a person refuses to be interviewed, the FBI can then seek a warrant/subpoena to compel the individual to provide an interview/testimony. At this point in time, the FBI agent has to demonstrate the merits to the court to get a warrant. What is demonstrated by your assertion here is once again you have demonstrated you do not have a grasp on even the fundamental investigative, legal processes, and the requirements of law. I know, I will get your bull about providing a link, but once again I say to you please gain a grasping of the knowledge at hand

What is the issue with using the FBI is that jurors may not realize that they can decline such interviews. When you read the multiple reports on the topic at hand (the FBI’s contact with the jurors), you will notice that the FBI has initially attempted to set up an interview with the people. The FBI needs these jurors consent for the interviews, yet does not necessarily need to tell the jurors the FBI requires such concessions. That paper notes that the agents said they would be willing to go to the jurors house or the jurors could come downtown. This tactic is a simple one of getting the jurors to unknowingly volunteer for an interview because it is the FBI calling. They, as others, may not realize they can decline such meetings.
SEVENTH: You once again attempt your parsing strategy between jury pooling and interview opposed to reviewing what is allowed by prosecutors and defense attorneys in relation to polling as well as interviewing jurors about a case once the jury has been released.
I am now highly amused that you have once again gone on record providing a comment that shows you do not understand what you are talking about at all. It is cute that you posted the article in the TPMCafe; however in the future please keep to facts opposed to bold assertions.

The issue of at hand is that the use of the FBI has two ramifications:
(1) The jurors may not realize that they can decline such interviews and choose not to answer certain questions since the person asking the questions is an FBI agent opposed to one of the Assistant US Attorneys. Some may argue that a US Attorney is a scary person to deal with; however US Attorneys do not carry guns on average and also do not arrest people.
(2) The other issue is that when the information is released that the jurors of the former trial were contacted by the FBI directly after the hung jury, a member of the next jury may be hesitant to not go along with the prosecution’s view on the case due to fear of FBI harassment.

Summary of Testing Argument:

The White House must be directly involved

Evidence: NONE

Response to anyone that does not agree with Testing Viewpoint: Your dubious, red herrings such as 9/11 and WMD, imprecise analysis, etc. etc.

Al,

You may want to look at this.

More speculation and bullshit by testing. Post no better than spam from this blogger.

Response to Testing:
OK, SO THIS IS YOUR ARGUMENT:
The issue has to do with the speed the FBI and US Attorney were able to move; and how quickly the US Attorney was able to secure DOJ Staff concurrence to direct an FBI interview (not a jury poll) of jury members at their homes.
HERE IS THE ACTUAL ARGUMENT BEING DEBATED IN THE PRESS AND BY MEMBERS OF CONGRESS:
The issue has to do with the decision to utilize FBI agents to schedule and be apart of the interviews of the jurors.
The concern of such practice is that the use of the FBI in this manner can be viewed as intimidating to some (in my opinion most) people when it becomes public and this same public body has the potential future jurors of the second trial within it. It is a reasonable view that such tactics by the FBI would become public due to the media attention and coverage on this case.
The issue does not have to do with the speed of such actions at all. If you review the information on the case that is available, you will realize that the jurors were out for over three weeks on this case and had stated by the end of week two that they were hopelessly deadlock. The decision to immediately initiate interviews and polling of the jurors after the trial verdict was rendered (and if it was a hung jury) was surely made well prior to the decision on the final day of jury deliberations. This view is an assumption on my part, yet since the Assistant US Attorney made the call to ask for a retrial in less than five minutes after the judge ruled a mistrial, it is a fair assumption. The Assistant US Attorney surely did not request a retrial without first getting the approval of US Attorney Mary Beth Buchanan.
Here is what is wrong with your lasted posting
FIRST: You have posted nothing to support any of your arguments to date. Instead, you have posted assertions that are not substantiated or have posted comments on Gitmo, 9/11, WMD that are not related to the topic at hand. It is also very amusing that you post links to your other comments that have nothing in them of substance at all. A link to your other comments is not a link to source material.
SECOND: You once again overlook the fact that the information on the jurors is fully available to the public, the prosecution, and the FBI. To date, you provide no information how such information on this case has been sealed opposed to the standard practices of the court. I recommend that you review the articles on this case in related to the failed effort to seat an anonymous jury available by the PITTSBURGH POST GAZETTE and TRIBUNE REVIEW January first week editions.
THIRD: You now bring in Jefferson’s Office raid which is not related to the topic at hand. Another great move of misdirection since you provides no substance in your assertions to date. This tactic is becoming a common one on your part. I have not answered it because it is not related to the issue at hand. The execution of a search warrant and seizure of evidence is not related to the request for a voluntary interview which is the central issue here.
FOURTH: You once again overlook the fact that multiple papers have already reported that the person leading the investigation and prosecution of Dr. Wecht, US Attorney MARY BETH BUCHANAN, has released a statement through her staff that she order the FBI to contact the jurors to set up interviews. Please go review the PITTSBURGH POST GAZETTE, THE PITTSBURGH TRIBUNE REVIEW, WTAE, and all other news outlets.
FIFTH: Now you say you have issues with the jurors asking to remain anonymous in the newspaper when they provided their views on the case. Once again, the information on the jury members such as their names, address, and occupation is publically available if you go to the court house. Most people will not go to the court house to review this information as clearly demonstrated by your very actions here. Even though this information is public, the papers can not publish such information without the consent of the jurors.

Since the case of Dr. Wecht has been highly publicized throughout the Pittsburgh area, I can imagine why the jurors would not want their neighbors and everyone else knowing they were on the jury in the case. Many people have divergent opinions on the case overall and I could imagine that the jurors would not wish to have their neighbors and other random people share such views. Additionally, once the jurors release their names to the press, they can no longer argue that others should respect their privacy. Dr. Wecht, the individual in question, has a history of writing poison pen letters to individuals that have disagreed with him.

SIXTH: Yes, I do claim the FBI can interview a person without a warrant BECAUSE THEY CAN TALK WITH SOMEONE VOLUNTARILY WITHOUT A WARRANT. A warrant is required to search someone’s property, arrest someone, but it is not require for an agent to ask someone questions in relation to an investigation. If a person refuses to be interviewed, the FBI can then seek a warrant/subpoena to compel the individual to provide an interview/testimony. At this point in time, the FBI agent has to demonstrate the merits to the court to get a warrant. What is demonstrated by your assertion here is once again you have demonstrated you do not have a grasp on even the fundamental investigative, legal processes, and the requirements of law. I know, I will get your bull about providing a link, but once again I say to you please gain a grasping of the knowledge at hand

What is the issue with using the FBI is that jurors may not realize that they can decline such interviews. When you read the multiple reports on the topic at hand (the FBI’s contact with the jurors), you will notice that the FBI has initially attempted to set up an interview with the people. The FBI needs these jurors consent for the interviews, yet does not necessarily need to tell the jurors the FBI requires such concessions. That paper notes that the agents said they would be willing to go to the jurors house or the jurors could come downtown. This tactic is a simple one of getting the jurors to unknowingly volunteer for an interview because it is the FBI calling. They, as others, may not realize they can decline such meetings.
SEVENTH: You once again attempt your parsing strategy between jury pooling and interview opposed to reviewing what is allowed by prosecutors and defense attorneys in relation to polling as well as interviewing jurors about a case once the jury has been released.
I am now highly amused that you have once again gone on record providing a comment that shows you do not understand what you are talking about at all. It is cute that you posted the article in the TPMCafe; however in the future please keep to facts opposed to bold assertions.

The issue of at hand is that the use of the FBI has two ramifications:
(1) The jurors may not realize that they can decline such interviews and choose not to answer certain questions since the person asking the questions is an FBI agent opposed to one of the Assistant US Attorneys. Some may argue that a US Attorney is a scary person to deal with; however US Attorneys do not carry guns on average and also do not arrest people.
(2) The other issue is that when the information is released that the jurors of the former trial were contacted by the FBI directly after the hung jury, a member of the next jury may be hesitant to not go along with the prosecution’s view on the case due to fear of FBI harassment.

Ok, normally in a response, you provide something of substance, but yet again you provide nothing. I'm sorry I took you away from your village, they must be missing their idiot by now. Go back to them.

30 minutes ago you said, "I am out of this idiotic circus, April 14, 2008 2:32 PM] Welcome back.

Don't worry, I find you stupidity amusing. I'll stick around and continue to point out how you fail to provide anything of substance and your postings are pure projection and speculation.

Alleged war crimes implications.

I can not even believe you went to now calling this war crimes. I am out of this idiotic circus. From what I have seen, all you do is post blog postings that provide no relevance at all. As I stated already, you are a fucking idiot. That is right a fucking idiot.

Your last posting did not respond to my previous posting at all. Instead, you put five paragraphs down on WMD and 9/11 only to then go into the Geneva convention.

Here is a news flash for you: The DOJ does not have to tell you the law that is already printed and readily available. The issue in the case in hand is the use of the FBI to conduct the scheduling of the interviews nothing more than that.

Thank you for once again proving the point that you are a fucking idiot. I love it.

So what have you offer. Hey the White House is involved because I posted a blog posting in the Cafe. Sorry, buddy it does not work that way.

You still are a fucking idiot though.