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New Allegations Against Bush-Appointed U.S. Attorney Linked To Firings Scandal

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Mary Beth Buchanan

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The office of a top Bush-appointed federal prosecutor who played a role in the U.S. attorney firings scandal received improper recordings of telephone calls between defense lawyers and their clients, and appears not to have turned them over to authorities, as required by law.

On Wednesday evening, Lisa Freeland, a Pittsburgh-based federal public defender, sent a lengthy email to fellow defense lawyers, reported by the Pittsburgh Post-Gazette, exposing the episode. "I am incensed," Freeland wrote.

The calls were made by inmates at the Allegheny County Jail, whose policy is to record all outgoing calls except those made to inmates' lawyers, which are privileged. Prosecutors often request recordings of inmates' calls.

But jail officials say that thanks to a snafu, some calls to lawyers were inadvertently recorded, and subsequently sent to the U.S. attorney's office. And Freeland charged in her email that prosecutors in the office did not report to supervisors the fact that they had received the recordings, or ask the jail to stop.

She wrote:

[Y]ou would think a well-trained AUSA who receives attorney-client calls from the jail (knowing they are not to be recorded and/or divulged) would, the very first time it happened, report it to a supervisor; contact the jail and say, 'Stop sending me those calls'; notify defense counsel; and turn over the recording. None of those things happened here.

Buchanan isn't denying that. Her office put out a statement saying only that her office hadn't looked at the improper recordings:

Any communications that have been inadvertently received by this office have not been reviewed," she said. "The incidences in which these communications may have been inadvertently provided to this office are extremely rare. We haven't seen the public defender's written allegations. Once we see those, we'll investigate to determine what material was received and whether it was handled appropriately.

Freeland added in her email that she learned about the calls when a fellow pubic defender was inadvertently sent an email chain that involved a prosecutor telling a jail staffer that he had received audio recordings from the jail, but had not listened to them because they were intended for the public defender's office.

Buchanan, who was appointed to her post by President Bush in 2001, is no stranger to controversy. Kyle Sampson, top aide to Alberto Gonzales, told Congressional investigators that Buchanan -- who at the time was also leading the Executive Office of U.S. Attorneys -- was one of the officials consulted when he was drawing up a list of US attorneys to fire. She has also been accused of pushing politically motivated prosecutions against local Democrats. She is said to be currently mulling a run for Congress as a Republican.

One former U.S. attorney told the Post-Gazette that the attorney-client privilege is "sacrosanct," and confirmed that prosecutors should have turned over the recordings immediately.

And an ACLU official, working with the public defender's office on the issue, threatened to sue Buchanan's office.

We're working on obtaining Freeland's email in its entirety, and will post it if and when we do.

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14 comments

Recommend Recommend (8)

October 23, 2009 2:35 PM   

I still don't understand why Obama has left so many of Bush's USA's in office. He needs to restore the intregity and purpose of the DOJ and these hacks won't cut it!

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October 23, 2009 3:11 PM    in reply to Obama1st

And if I remember correctly, this one had stood up earlier and stated that she wouldn't submit her resignation if asked by the Obama Administration. It's time to fire this one! And request resignations from the rest of those appointed by Bush.

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October 25, 2009 8:18 PM    in reply to reflectionsv37

Obama has had plenty of time to replace those "bad apple" US Attorneys.

They are now Obama's US Attorneys.

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October 23, 2009 3:44 PM    in reply to Obama1st

Not true.

From the Bush//Obama to the Obama//Bush same ole' mostly identical Policies, Procedures and Applications.

To relevant and/or significant extent with the continued FISA suppresion, torture, death squads, Blackwater with ten or more additional subsideries, Illegal and/or unwarranted State Secrets, fully funded illegal Wars, haebus corpis removal, death penalty application and threats thereof, continued financial corruption and with no accountability with the implementation of the 2000 commodity fitures act and the gramm/leachy/... act, ecetra, ecetra and with the full support of the Executive, Judicial and legislative Branches of our US Government and none of the decades of promised 'Oversight and Accountability' from the very same people with or without the re-arranged, so-called deck chairs and significantly with the very same policies and procedures.

(As reported and implied on globalresearch.ca, peace through war, Lies are truth) is not acceptable).

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October 23, 2009 4:42 PM    in reply to tpmreader

Also from new concern, aside from the peace through war, and lies are truth and all the above, with many ecetras is

A so-called health care Bill (reform what?) that has been heavily touted and sold to us lay people for over 10 months that has not even been written and has continued no reform from

1) Treatment denial to save costs even it will cause the death of a patient that a minimal cost surgical procedure would prevent the death of the patient. Testimony of years ago to the US Senate Judicary Committee HEARD THAT FIDICUARY DUTY IS TO SHAREHOLDERS//STAKEHOLDERS and not the people//patient!!

2) Full and Complete immediate implementation of Public option has completely disappeared and opposite as promised over 10 months ago!!!!!!!!!!!!

3) A trillion dollars of extra costs that is burdened directly upon those who least can affor the extra cost. No reasonable Indexing for low income.

4) Inflated costs and procedural concerns towards improved health care appear to not be give a thought. Only ways to increase funding revenue and revenue streams and additional revenue streams.

5) No reasonable health care alternatives proposed, heard of listined too within our US Executive and Legislatives Branches of Government, such as the Remote Medical Access Program and the new Dr. Mehmet Oz similar and highly successful program.

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October 23, 2009 3:32 PM   

The fact that this Buchanon wingnut is still at the DOJ is another of the many Obama disappointments.

I voted for him because he preached change. So far he hasn't changed nearly enough. He needs to start keeping his promises.

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October 23, 2009 6:18 PM   

Actually, Ms. Freeland,...."incensed" is not the word I would choose to describe you (or the Bush/Rove DOJ)......!

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October 23, 2009 7:13 PM   

Was Ms. Buchanan yet another product of the Close-Cover-Before-Striking Institute of Legal Lawyering?

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October 23, 2009 11:50 PM   

"incidences" -

I guess they don't teach spelling and/or grammar at Regent U, either.

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October 25, 2009 1:07 AM   

I was going to point out the same mistake, Nancy. Damn, you beat me to it.

I wonder what kind of stationary she was righting on?

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Jay

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October 26, 2009 12:08 AM   

Buchanan's name is all over this report on Selective Prosecution in the Federal Criminal Justice System. (Page iii, 6, 23, 26)
http://www.docstoc.com/docs/13818583/Allegations-of-Selective-Prosecution-in-Our-Federal-Criminal-Justice-System

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October 26, 2009 4:23 AM   

Partly this is because of the Republicans refusing to allow confirmation of hundreds of mid-level appointees. One who was once highly visible was Dawn Johnsen, who is supposed to be the new head of Office of Legal Counsel. Last news I've seen was 20 August, when she was going back to Indiana University to teach. I'm afraid the wingnuts have won another one. So far Obama has been able to get confirmation on less than half his proposed appointments.

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October 26, 2009 8:55 AM    in reply to Acharn

Republicans refusing to allow confirmation????

The last I heard, it takes only 60 Democratic votes to override any Republican attempt to block any confirmation. The Democrats have those 60 votes so it is Democrats who are blocking those confirmations.
.

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October 27, 2009 10:48 AM   

I took a quick look at the new report. The problem appears to be at the state and local level and not the federal level; the investigation seemed mostly aimed at the sheriff's office and the local prosecutor. Apparently the jail records all prisoner phone calls and there is an automated system to disconnect the recording equipment if the number dialed belonged to legal counsel (provided that the number was registered with the jail.

An allegation was made that some of these recordings may have been sent to the US Attorney's office but they aren't certain.

I am careful when reading allegations of prosecutorial misconduct when they are made by defense counsel; they tend to accuse prosecutors of "misconduct" for every imperfection in process (I know because I have been a prosecutor and have had to fend off these kinds of complaints.

I think that many of these complaints are part of a strategy to keep the prosecutor off balance and to force more work on them.

The nature of the problem complained of is too remote from the US Attorney mentioned here to be proof of ill will on her part.

Also, the career AUSAs are from both political parties. For all we know, the specific prosecutors that have any of these tapes may be Democrats who were hired during the Clinton or Carter years (though hiring is not exclusively based on party affiliation).

You need to be cautious when making accusations like this or you can damage your credibility.

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