DOCSLIB.ORG

An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General U.S. Department of Justice An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General U.S. Department of Justice U.S. Department of Justice Office of Professional Responsibility Office of the Inspector General July 28, 2008 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................ i CHAPTER ONE INTRODUCTION................................................................. 1 I. Scope of the Investigation.................................................................. 1 II. Methodology of the Investigation ....................................................... 2 III. Organization of this Report ............................................................... 3 CHAPTER TWO BACKGROUND.................................................................. 5 I. Monica Goodling ............................................................................... 5 II. Kyle Sampson ................................................................................... 6 III. Susan Richmond and Jan Williams................................................... 7 IV. Department Components and Personnel ........................................... 7 V. Hiring Standards ............................................................................ 11 A. Department Career and Political Attorney Positions ............... 11 B. Legal Standards..................................................................... 12 CHAPTER THREE GOODLING’S ROLE IN DEPARTMENT HIRING............. 17 I. Interview Questions ........................................................................ 18 II. Internet Research............................................................................ 20 III. Employment Forms......................................................................... 22 IV. Reference Checks............................................................................ 23 CHAPTER FOUR EVIDENCE AND ANALYSIS: PERMANENT CAREER ATTORNEY HIRING DECISIONS...................................................... 25 I. Interim U.S. Attorney Waiver Requests to Hire Career AUSAs.......... 25 A. Screening Waiver Requests .................................................... 28 1. The USAO for the District of Columbia ......................... 29 2. The USAO for the Western District of Missouri ............. 30 3. The USAO for the Western District of Washington ........ 32 i B. Recent Changes in the Waiver Process ................................... 35 C. Analysis................................................................................. 35 II. Other Career Attorney Positions ...................................................... 37 A. The USAO for the District of Columbia................................... 37 B. The USAO for the District of Colorado.................................... 39 C. EOUSA Deputy Director Position ........................................... 40 1. EOUSA Deputy Director Candidate #1.......................... 40 2. EOUSA Deputy Director Candidate #2.......................... 44 III. Conclusions Regarding Candidates for Career Positions .................. 45 CHAPTER FIVE EVIDENCE AND ANALYSIS: CANDIDATES FOR TEMPORARY DETAILS.................................................................... 47 I. Goodling ......................................................................................... 47 A. Candidate #1......................................................................... 48 B. Candidate #2......................................................................... 50 C. Candidate #3......................................................................... 52 D. Candidate #4......................................................................... 53 E. Candidate #5......................................................................... 54 F. Candidate #6......................................................................... 54 G. Candidate #7......................................................................... 57 H. Candidate #8......................................................................... 59 I. Conclusion ............................................................................ 59 II. Richmond and Williams .................................................................. 60 A. Candidate #9......................................................................... 61 B. Candidate #10 ....................................................................... 64 III. Recent Changes in the Detailee Selection Process............................ 65 IV. Analysis.......................................................................................... 65 CHAPTER SIX EVIDENCE AND ANALYSIS: IMMIGRATION JUDGE AND BOARD OF IMMIGRATION APPEALS MEMBER HIRING DECISIONS..................................................................................... 69 I. Immigration Judges and Board of Immigration Appeals Members.... 69 A. The Executive Office for Immigration Review .......................... 69 ii B. Immigration Judges............................................................... 70 C. The Board of Immigration Appeals ......................................... 70 D. Department of Justice Policy ................................................. 71 II. Process for Hiring Immigration Judges ............................................ 71 A. The Process Prior to Spring 2004 ........................................... 71 B. The Office of the Attorney General Considers Changes to the Process.................................................................................. 73 C. Last Occasion in Which EOIR Played a Role in Selecting Immigration Judges............................................................... 75 D. The Office of Legal Counsel.................................................... 77 E. The Immigration Judge Appointment Process Implemented by Sampson........................................................................... 81 III. Sampson’s Recommendations to EOIR ............................................ 83 A. Sources for Immigration Judge Candidates............................ 83 B. Candidates Provided to EOIR by Sampson ............................. 85 1. Candidate Supported by Karl Rove ............................... 85 2. Candidates Provided by the White House...................... 86 3. Recommendations from Republican Members of Congress...................................................................... 87 4. Candidates Hired Without EOIR Interviews .................. 88 5. Other Candidates Selected by Sampson........................ 90 C. Problems Created by the New Hiring Process ......................... 91 IV. Williams’s Recommendations to EOIR ............................................. 92 A. Sources for Immigration Judge Candidates............................ 93 B. Candidates Provided to EOIR by Williams .............................. 94 1. The White House Seeks to Place “Priority Candidates” .. 94 2. Candidates Solicited from a Civil Division Political Appointee..................................................................... 95 3. EOIR Requested Immigration Judges............................ 96 4. Candidates Selected by Williams who had also Applied Through the Vacancy Announcement ........................... 97 5. Additional White House Candidates Provided to EOIR... 98 C. The Direct Appointment Process Continued to Affect EOIR..... 99 D. Search Terms for Screening Candidates................................. 99 iii V. Goodling’s Recommendations to EOIR........................................... 101 A. Sources for Immigration Judge Candidates.......................... 102 B. Political Screening by Goodling ............................................ 103 1. Candidates Considered for Career and Political Positions .................................................................... 103 2. Candidates Provided to EOIR by Goodling .................. 104 C. Increasing Vacancies for Immigration Judges ...................... 106 D. Screening of Candidates by Immigration Judges in Florida .. 108 E. Candidates Selected by Goodling for Positions on the Board of Immigration Appeals........................................................ 110 F. The Hiring Freeze ................................................................ 112 VI. The Current Process for Hiring Immigration Judges and Board of Immigration Appeals Members ...................................................... 114 A. Immigration Judges............................................................. 114 B. Board of Immigration Appeals Members............................... 115 VII. Analysis........................................................................................ 115 A. Kyle Sampson...................................................................... 117 B. Jan Williams ....................................................................... 118 C. Monica Goodling.................................................................. 121 D. EOIR Director and Deputy Director...................................... 122 CHAPTER SEVEN OTHER ISSUES ......................................................... 125 I. John Nowacki ............................................................................... 125 II. Goodling’s Discrimination Against a Detailee on the Basis of Sexual Orientation ................................................................................... 128 A. EOUSA Detail .....................................................................
Load more

Recommended publications
  • Mary Beth Buchanan United States Attorney
    United States Attorney’s Office Western District of Pennsylvania Mary Beth Buchanan United States Attorney Mary Beth Buchanan is the United States Attorney for the Western District of Pennsylvania. She was appointed by President George W. Bush on September 5, 2001, and confirmed by the United States Senate on September 14, 2001. Ms. Buchanan is the first woman in Pennsylvania's history to be Presidentially appointed to this position. As United States Attorney, Ms. Buchanan oversees the prosecution of all federal crimes, and the litigation of civil matters in which the federal government has an interest, throughout the twenty-five counties in Western Pennsylvania. At the request of the Attorney General, Ms. Buchanan also served from June 2004 until June 2005 as the Director of the Executive Office for United States Attorneys. This Washington D.C.-based office provides administrative support to the 94 United States Attorneys' Offices nationwide. Between April 2003 and May 2004, Ms. Buchanan served as chair of Attorney General John Ashcroft's Advisory Committee of United States Attorneys. This Committee counsels the Attorney General on law enforcement issues and plays an integral role in setting Department of Justice policy. She also serves on several subcommittees of Attorney General Ashcroft's Advisory Committee, including the Terrorism/National Security Subcommittee; the Violent Crime/Organized Crime Subcommittee; the White Collar Crime Subcommittee; the Civil Rights Subcommittee; and the Child Exploitation and Obscenity Working Group. From February 2002 to 2004, she served on an Advisory Committee to the United States Sentencing Commission, which was established to study the effectiveness of the Federal Sentencing Guidelines for organizations.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION Vol. 153 WASHINGTON, MONDAY, MARCH 19, 2007 No. 47 Senate The Senate met at 2 p.m. and was appoint the Honorable MARK L. PRYOR, a After all, this was a President who called to order by the Honorable MARK Senator from the State of Arkansas, to per- won two elections by the barest of mar- L. PRYOR, a Senator from the State of form the duties of the Chair. gins, first by the Supreme Court. Yet Arkansas. ROBERT C. BYRD, after 9/11, instead of uniting the coun- President pro tempore. try, he has chosen to push the envelope PRAYER Mr. PRYOR thereupon assumed the of his authority. On everything from The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. the runup to the war in Iraq, to the fered the following prayer: f plan to destroy Social Security, to the Let us pray: RECOGNITION OF THE MAJORITY use of warrantless wiretapping, this ad- Lord, You have promised to work for LEADER ministration has governed without the good of those who love You. Work compromise. in the lives of our lawmakers, The ACTING PRESIDENT pro tem- The political purge of U.S. attorneys strengthening them for every problem, pore. The majority leader is recog- is only the latest example of this Presi- trial, and temptation they face. Open nized. dent’s unhealthy disregard for checks their eyes to see Your hand at work f and balances.
    [Show full text]
  • \\Crewserver05\Data\Research & Investigations\Most Ethical Public
    Stephen Abraham Exhibits EXHIBIT 1 Unlikely Adversary Arises to Criticize Detainee Hearings - New York Times http://www.nytimes.com/2007/07/23/us/23gitmo.html?pagewanted=print July 23, 2007 Unlikely Adversary Arises to Criticize Detainee Hearings By WILLIAM GLABERSON NEWPORT BEACH, Calif. — Stephen E. Abraham’s assignment to the Pentagon unit that runs the hearings at Guantánamo Bay, Cuba, seemed a perfect fit. A lawyer in civilian life, he had been decorated for counterespionage and counterterrorism work during 22 years as a reserve Army intelligence officer in which he rose to the rank of lieutenant colonel. His posting, just as the Guantánamo hearings were accelerating in 2004, gave him a close-up view of the government’s detention policies. It also turned him into one of the Bush administration’s most unlikely adversaries. In June, Colonel Abraham became the first military insider to criticize publicly the Guantánamo hearings, which determine whether detainees should be held indefinitely as enemy combatants. Just days after detainees’ lawyers submitted an affidavit containing his criticisms, the United States Supreme Court reversed itself and agreed to hear an appeal arguing that the hearings are unjust and that detainees have a right to contest their detentions in federal court. Some lawyers say Colonel Abraham’s account — of a hearing procedure that he described as deeply flawed and largely a tool for commanders to rubber-stamp decisions they had already made — may have played an important role in the justices’ highly unusual reversal. That decision once again brought the administration face to face with the vexing legal, political and diplomatic questions about the fate of Guantánamo and the roughly 360 men still held there.
    [Show full text]
  • Senator Feinstein Accuses Attorney General of Playing Politics with Nation’S Top Prosecutors
    The Imbalance of Justice Senator Feinstein Accuses Attorney General of Playing Politics with Nation’s Top Prosecutors Although prosecutors appoint- Eight U.S. Attor- ed by the West Wing normally require confirmation from the neys have been Senate, somehow a G.O.P. staffer fired for no reason. slipped new language into the Pa- triot Act renewal legislation at the Or maybe there was end of 2005, effectively changing the law. Now interim appointees a reason. By this can serve indefinitely. “No member has stepped time next year, can- forward and said they knew it didate Hillary Clin- was in the bill,” said Scott Gerber, The former U.S. Attorney for Southern a spokesman for Senator Dianne ton may find herself California, Carol Lam. Feinstein. Feinstein sits on the the subject of an ments are in jeopardy with Lam Senate Judiciary Committee, out of the picture. whose former chairman, Arlen indictment. Although Cunningham went to Specter of Pennsylvania, said his prison on a plea deal that requires chief counsel Michael O’Neill inserted the language into the bill March 20, 2007 him to cooperate with prosecutors by naming names, if the White at the request of someone at the Justice Department. O’Neill is a iven the bevy of House has its way, he may get to keep his secrets after all. past law clerk for Supreme Court scandal investiga- Justice Clarence Thomas. tions engulfing Capi- Karen Hewitt was named as Lam’s interim replacement. A San Although the change was tol Hill, it shouldn’t never debated or voted on, no one be surprising to hear Diego native and a graduate of the University of California, Berkeley, in Congress has challenged the le- that the President wants to make gality of the provision or demand- a few personnel changes in the Hewitt was third-in-command G under Lam prior to the dismissal.
    [Show full text]
  • Rethinking the Identity and Role of United States Attorneys
    Rethinking the Identity and Role of United States Attorneys Sara Sun Beale* The reputation and credibility of the Department of Justice were badly tarnished during the Bush administration. This article focuses on concerns regarding the role of partisan politics.1 Critics charge that during the Bush administration improper partisan political considerations pervasively influenced a wide range of decisions including the selection of immigration judges, summer interns and line attorneys; the assignment of career attorneys to particular details; the evaluation of the performance of United States Attorneys; and the decision whether and when to file charges in cases with political ramifications. The Inspector General’s lengthy and highly critical reports have substantiated some of these charges.2 The first two Inspector General (IG) Reports found that the Department improperly used political criteria in hiring and assigning some immigration judges, interns, and career prosecutors.3 The third report * Charles L.B. Lowndes Professor, Duke Law School, Durham, N.C. I would like to acknowledge the outstanding research assistance provided by Michael Devlin, Meghan Ferguson, Amy Taylor, and Molly Brownfield, and the helpful comments of Norman Abrams, Albert Alschuler, Rachel Barkow, Anthony Barkow, Candace Carroll, Colm Connolly, Ronald Goldstock, Bruce Green, Lisa Kern Griffin, James Jacobs, Susan Klein, Daniel Richman, and Adam Safwat. Of course any errors are my own. 1 Other serious concerns about the Department have been raised, particularly in connection with its role in the war on terror. For example, the Department has been the subject of intense criticism for legal analysis that led to the authorization of brutal interrogation techniques for detainees.
    [Show full text]
  • Depoliticizing the Interim Appointments of US Attorneys
    LIVE AND LEARN: DEPOLITICIZING THE INTERIM APPOINTMENTS OF U.S. ATTORNEYS t Laurie L. Levenson The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.' I. INTRODUCTION U.S. Attorneys play a special role in our federal criminal justice system. As the representatives of the federal government, they have the responsibility of enforcing federal laws in their respective districts.2 3 Although U.S. Attorneys serve "at the pleasure of the President," the4 goal is to have a fair and impartial prosecutor administering the laws. The recent firing of eight U.S. Attorneys has called into question at- tempts to politicize the role of this vital Office. By attempting to give the Attorney General the power to make indefinite interim appointments, I Professor of Law, William M. Rains Fellow & Director, Center for Ethical Advocacy, Loyola Law School. Thank you to John McKay, a man of true integrity, for inviting me to participate in the Symposium at Seattle University School of Law. His courage, as well as that of his fellow U.S. Attorneys, Paul Carlton, David Iglesias, Bill Cummins III, and Carol Lam, should serve as an inspi- ration for others dedicated to public service. I also wish to extend my gratitude to the editors of the Seattle University Law Review and to my wonderful research assistants, Emil Petrossian, Lindsay Meurs, William Smyth, and Mary Gordon.
    [Show full text]
  • Disciplining Criminal Justice: the Peril Amid the Promise of Numbers
    YALE LAW & POLICY REVIEW Disciplining Criminal Justice: The Peril amid the Promise of Numbers Mary De Ming Fan* Introduction ........................................................................................................... 2 Governing Governance and the Manufacture of "Objective" Visibility ............ 1O A. The Law of Making Performance Visible ................................................ 14 B. Difficulties Defining Criminal Justice in the Idiom of Targets .............. 16 C. Bending the Bounds of the Officially Sanctioned .................................. 24 II. Expressive, Expiatory "Deliverables". ............................................................. 27 A. At the Point of Policy Failure ................................................................... 30 B. Numbers that Do Not Attain Aims ......................................................... 36 C. What Expiation by Numerical Proxy Effaces ......................................... 42 1. Aim ing Beyond the Baseline ............................................................ 42 2. Effacing H igher Aim s ........................................................................ 49 III. Toward a Policy Embrace of Values and Numbers in Qualitative Context ... 57 A. Q ualitative Perspective ............................................................................ 57 B. How Law and Policy Can Be Conducive to Qualitative Evaluation ........... 59 C on clusion ...................................................................................................................
    [Show full text]
  • Reining in the Imperial Presidency
    REINING IN THE IMPERIAL PRESIDENCY VerDate Nov 24 2008 23:13 Apr 07, 2009 Jkt 048026 PO 00000 Frm 00001 Fmt 6019 Sfmt 6019 E:\HR\OC\G026A.XXX G026A hsrobinson on PROD1PC76 with HEARING with PROD1PC76 on hsrobinson VerDate Nov 24 2008 23:13 Apr 07, 2009 Jkt 048026 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 E:\HR\OC\G026A.XXX G026A hsrobinson on PROD1PC76 with HEARING Reining in the Imperial Presidency: Lessons and Recommendations Relating to the Presidency of George W. Bush C O N T E N T S Page Foreword ................................................................................................................ 1 Executive Summary ............................................................................................. 9 Preface: Deconstructing the Imperial Presidency ...................................... 17 I. The September 25, 2001 War Powers Memorandum .................................... 20 II. Critique of John Yoo’s Flawed Theory of Presidential Supremacy .............. 25 III. The Need for a Judiciary Committee Staff Report ........................................ 32 Section 1—Politicization of the Department of Justice ............................. 33 I. Politicization of the Prosecution Function ...................................................... 35 A. Hiring and Firing of U.S. Attorneys and other Department Personnel ......................................................................................... 35 B. Selective Prosecution ............................................................................ 42 II. Politicization
    [Show full text]
  • Unofficial Transcript
    1 RPTS JOHNSON DCMN BURRELL COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. UNOFFICIAL TRANSCRIPT INTERVIEW OF: KARL C. ROVE Tuesday, July 7, 2009 Washington, D.C. The interview in the above matter was held at 2138 Conference Room, Rayburn House Office Building, commencing at 9:00 a.m. 2 Appearances: For COMMITTEE ON THE JUDICIARY: ADAM B. SCHIFF, MAJORITY MEMBER J. RANDY FORBES, MINORITY MEMBER ELLIOT MINCBERG, MAJORITY CHIEF COUNSEL - INVESTIGATIONS AND OVERSIGHT ERIC TAMARKIN, MAJORITY COUNSEL SAM BRODERICK-SOKOL, MAJORITY OVERSIGHT COUNSEL PHIL TAHTAKRAN, LEGISLATIVE DIRECTOR FOR CONGRESSMAN SCHIFF DANIEL M. FLORES, CHIEF MINORITY COUNSEL, SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW RICHARD ALAN HERTLING, REPUBLICAN DEPUTY CHIEF OF STAFF/POLICY DIRECTOR CRYSTAL ROBERTS JEZIERSKI, REPUBLICAN CHIEF OVERSIGHT COUNSEL ZACHARY N. SOMERS, MINORITY COUNSEL WILL HUPMAN, LEGISLATIVE ASSISTANT FOR CONGRESSMAN FORBES 3 For MR. ROVE: ROBERT D. LUSKIN, ESQ. KATIE BIBER, ESQ. Patton Boggs LLP Attorneys at Law 2550 M Street, NW Washington, D.C. 20037-1350 For FORMER PRESIDENT GEORGE W. BUSH IN HIS OFFICIAL CAPACITY: EMMET T. FLOOD, ESQ. Attorney at Law Williams & Connolly LLP 725 Twelfth Street, NW Washington, D.C. 20005 For WHITE HOUSE COUNSEL'S OFFICE: JASON GREEN, WHITE HOUSE COUNSEL CHRIS WEIDEMAN, WHITE HOUSE COUNSEL BLAKE ROBERTS, WHITE HOUSE COUNSEL For JUSTICE DEPARTMENT: 4 JOHN R. TYLER, CIVIL DIVISION 5 Mr. Schiff. We are here this morning for a transcribed interview of former White House official Karl Rove, pursuant to the March 4th, 2009 Agreement of Accommodation between the House Judiciary Committee and the former Bush administration. Mr. Rove, please state your full name and address for the record.
    [Show full text]
  • Grassroots, Geeks, Pros, and Pols: the Election Integrity Movement's Rise and the Nonstop Battle to Win Back the People's Vote, 2000-2008
    MARTA STEELE Grassroots, Geeks, Pros, and Pols: The Election Integrity Movement's Rise and the Nonstop Battle to Win Back the People's Vote, 2000-2008 A Columbus Institute for Contemporary Journalism Book i MARTA STEELE Grassroots, Geeks, Pros, and Pols Grassroots, Geeks, Pros, and Pols: The Election Integrity Movement's Rise and the Nonstop Battle to Win Back the People's Vote, 2000-2008 Copyright© 2012 by Marta Steele. All rights reserved. Printed in the United States of America. No part of this book may be used or reproduced in any manner whatsoever without written permission, except in the case of brief quotations embedded in critical articles and reviews. For information, address the Columbus Institute for Contemporary Journalism, 1021 E. Broad St., Columbus, Ohio 43205. The Columbus Institute for Contemporary Journalism is a 501(c) (3) nonprofit organization. The Educational Publisher www.EduPublisher.com BiblioPublishing.com ISBN:978-1-62249-026-4 ii Contents FOREWORD By Greg Palast …….iv PREFACE By Danny Schechter …….vi INTRODUCTION …….ix By Bob Fitrakis and Harvey Wasserman ACKNOWLEDGMENTS …...xii AUTHOR’S INTRODUCTION …..xix CHAPTER 1 Origins of the Election ….….1 Integrity Movement CHAPTER 2A Preliminary Reactions to ……..9 Election 2000: Academic/Mainstream Political CHAPTER 2B Preliminary Reactions to ……26 Election 2000: Grassroots CHAPTER 3 Havoc and HAVA ……40 CHAPTER 4 The Battle Begins ……72 CHAPTER 5 Election 2004 in Ohio ……99 and Elsewhere CHAPTER 6 Reactions to Election 2004, .….143 the Scandalous Firing of the Federal
    [Show full text]
  • Political Control of Federal Prosecutions: Looking Back and Looking Forward
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 Political Control of Federal Prosecutions: Looking Back and Looking Forward Daniel C. Richman Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Administrative Law Commons, Law and Politics Commons, and the President/Executive Department Commons Recommended Citation Daniel C. Richman, Political Control of Federal Prosecutions: Looking Back and Looking Forward, 58 DUKE L. J. 2087 (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2464 This Essay is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. POLITICAL CONTROL OF FEDERAL PROSECUTIONS: LOOKING BACK AND LOOKING FORWARD DANIEL RICHMANt ABSTRACT This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administrationmight lead policymakers and observers to overlook the
    [Show full text]
  • The Most Dangerous Power of the Prosecutor
    Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2008 The oM st Dangerous Power of the Prosecutor Bennett L. Gershman Elisabeth Haub School of Law at Pace University, [email protected] Follow this and additional works at: http://digitalcommons.pace.edu/lawfaculty Part of the Criminal Law Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Bennett L. Gershman, The osM t Dangerous Power of the Prosecutor, 29 Pace L. Rev. 1 (2008), http://digitalcommons.pace.edu/ lawfaculty/558/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. PACE LAW REVIEW Volume 29 Fall 2008 Number 1 The James D. Hopkins Memorial Lecture Pace Law School, October 25, 2008 The Most Dangerous Power of the Prosecutor Bennett L. Gershman* 1. Introduction A. Judge James D. Hopkins This is the James D. Hopkins Memorial Lecture in honor of Judge Hopkins, who was the Dean of Pace Law School from 1982 to 1983 and earlier served with great distinction on the New York Appellate Division's Second Judicial Department. Judge Hopkins served on that court when I worked in the spe­ cial prosecutor's office, and as head of the appeals bureau, I ar­ gued several cases in Judge Hopkins' court. One case stands out, the case ofSalvatore Nigrone v. Murtagh.! It was an exten­ sive undercover investigation. My office used informants, wire­ taps, and a sham arrest to expose corrupt attempts to influence criminal cases." As a result, a grand jury indicted three judges and two lawyers for perjury before the grandjury.3 On a motion * Professor of Law and James D.
    [Show full text]