Monday, June 22, 2015

Popehat

"So will Niketh Velamoor be disciplined for breaking this rule? Don't be ridiculous. Even if state bars reliably disciplined prosecutors for misconduct — and this never happens — prosecutors are protected by a special rule. Judges — judges just like Judge Frank Maas, who issued the gag order — have decided that prosecutors need the power to make end-runs around lawyers during the investigation phase of cases, and that this conduct is therefore "authorized by law." Courts have decided that it would be too burdensome to require federal prosecutors to abide by local ethical rules, rules that apply to literally every other lawyer in the United States, and too restrictive of law enforcement to prevent them from making such pre-indictment contacts as they see fit."
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