Govt. Acknowledges Misconduct in US v Shaygan
Govt. Acknowledges Misconduct in Case of Dr. Ali Shaygan; Alex DeLuca; Addiction, Pain and Public Health website; 2009-03-29. Source
Permalink: http://doctordeluca.com/wordpress/archive/GovtMisconductInShaygan/
See also:
Govt’s Response to Motion for Sanctions (PDF) – filed: 2009-03-25
Dr. Shaygan Acquitted of Drug Trafficking – 2009-09-15
Tom Withers, for the Federal Criminal Defense Blog, reviews the outcome of the Shaygan Govt Misconduct hearings (see also: “Flagrant Violations”) in which Dr. Shaygan’s government prosecutors concede:
- that the Narcotics Section Chief failed to seek appropriate authorization to investigate the defense for allegations of witness tampering,
- that the case agent in the investigation of Shaygan was also the case agent in the collateral witness tampering investigation,
- that the government violated its discovery obligations by not disclosing to the defense that two witnesses were cooperating informants and in failing to disclose their secret recordings of the defense investigator and attorney at the time the witnesses testified, and,
- the government failed to produce all of the interview reports to the Court for inspection when ordered to do so.
Heads rolled. Withers continues:
“As a result of [their] misconduct, the government has offered to pay attorneys’ fees and costs associated with Shaygan’s motion to dismiss and for sanctions. The US Attorneys’ Office for the Southern District of Florida has made a referral to the DOJ’s Office of Professional Responsibility for an independent investigation and associated disciplinary proceedings. AUSA Gilbert voluntarily resigned as the Chief of the Narcotics Section and the lead prosecutor, AUSA Cronin, voluntarily requested a transfer out of the Criminal Division.”
I am not sure how serious a DOJ Office of Professional Responsibility investigation is, or what sort of report we can ultimately expect, or what the time frame would be for such a report.
Perhaps a knowledgeable reader with will enlighten us with a brief Comment? Thanks in advance!
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From footnote#1: “Why? Is winning so important? Sadly, we know the answer to that question…”
[the footnote paincrisis is referring to is to this related blog item: "Flagrant Violations" by Shaygan Prosecutors. The text of that Footnote is in this thread as Comment #3. ..alex...]
Winning is important because it spreads fear and intimidation. It keeps people in line. It prevents doctors from practicing an established Standard of Care and prescribing substances which have a proven track record of efficacy. Another is power. They must win to retain their power over us. They’ll use the slimiest stings, paid BS’ers and illegal tactics to advance the DEA’s neo-Prohibitionist philosophy. They want this War on Doctors and War on Drugs because–despite incredible violence and personal suffering–these federal agencies will be dominant, invincible forces, unaccountable to no one. And isn’t interesting that the federal government started its taxation fixation with drugs in 1913? Drugs are a convenient targets that form an easy catalyst to advance their aggrandizing aims and fear-mongering. As a result of the Harrison Narcotic Act we have the FDA, DEA and IRS interfering with personal medical matters and eroding our personal liberties.
Sadly, our Constitution is merely a yellowing paper with no meaning. The end justifies any egregious means. Lies, corruption,immorality—anything goes. These federal agencies may cite the public’s health as their goal, but in reality, their primary interest is their own existence. THEIR operating budgets. And their power depends on money. They’ll stop at nothing.
Prosecuted doctors and their defense teams aren’t the only victims of this new totalitarian era. Ordinary law-abiding citizens are watched. Telephone conversations and internet activity are monitored. No one is safe from the this insidious, metastasizing cancer.
The only way to stop this monster is stop paying taxes. Take back government at the grassroots level. Jefferson advocated a peaceful revolution every generation to break up the stagnation and inbred corruption. It’s due time we started one NOW!
Yes, it is getting real hard to differentiate between the criminals and the government, nowadays! It is ALL FOR THE CHILDREN! You know? All’s fair in love and war! Telling lies, to get the confession you want, is “legal” if you are on the other side of the interrogation table. But, tell a lie yourself and you will get prison!
I am participating in the tax thing, Can’t pay any taxes if the government goons have eliminated my career! No matter how many hundreds of thousands, they say I owe them! Can’t pay anything with, essentially, no income.
Footnote #1. Troubling Prosecutorial Misconduct Shows its Hand in South Florida, Broward Law Blog, 2009-03-18, URL: [http://browardlawblog.blogspot.com/search/label/Judge%20Lebow]
Norm Kemp writes, “… To boot, the government failed to disclose the bias of these witnesses, since they were paid informants. As a defense lawyer, you say, Wow! … Few government agencies have at their disposal the power, the reach, the capacity, the legal talent and skills as that of a US attorney. Few offices would ever need to compromise a case or claim by misguided directives. You have at your disposal the FBI, the DEA, the Justice Department, local law enforcement teams, multi jurisdictional task forces, Homeland Security, ICE, and legal rules which favor the government and limit the defendant, from grand juries to diminished discovery. You have time and money and so much more on your side already, why would you ever sell out to win a single case. Why? Is winning so important? Sadly, we know the answer to that question…”