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« This Week in The National Law Journal | Main | Covington Of Counsel Tapped for Irish Competition Authority »

November 21, 2011

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Comments

Rick

What about obstruction of justice charges? If anyone other than a federal prosecutor had systematically or intentionally concealed highly relevant information, wouldn't the DOJ be the first to bring up an obstruction charge?

Kimberly A. Campbell

Brady v Maryland 373 U.S. 83 (1963)

Avon

I suppose all lawyers are going to have to be spoken to as if they were criminal arrestees being read their rights, from now on. At least in Federal cases, every judge will have to admonish the lawyers at the first pre-trial conference in any case, "You are hereby ordered unequivocally to make all due discovery pursuant to law, on pain of criminal prosecution. Is that clear? Do you understand your responsibilities? Sign here."
Federal judges as baby-sitters. Nobody at all is going to like that one bit.

Marcus

There is a distinct difference between violations of the rules of ethics and particular USDC rules in that jurisdiction and committing criminal contempt of a court order. All lawyers owe a duty of candor to the trial judge, as well as certain duties to criminal defendants. While the prosecutors may not have committed criminal contempt, they no doubt will face serious repercussions if the court finds they have breached other duties while in his courtroom, including sanctions and being precluded from appearing in Federal Court in the future..

Eric Rasmusen

I'm not a lawyer, but doesn't it strike anyone as odd that a lawyer is exonerated for breaking the law in a particularly heinous way and for lying to the judge if the judge didn't tell him to act legally and to tell the truth?

This seems like a literal case of "contempt of court".

Have the offending prosecutors been disbarred, at least?

the kat

No criminal charges? How about State Bar charges? lol

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