REACTION TO THE FISA MEMO

[Photo from wikipedia]

Have you read the FISA memo, which reportedly exposes alarming bias and abuses of authority
by a few top leaders in both the FBI and DOJ? What is your reaction?

As reported, the memo reveals that former FBI Director James Comey and others in his agency
and top leaders at DOJ utilized and politicized our nation's spying tools to spy on an opposition political party and an incoming president in an election year.  How frightening that is!

As a former federal prosecutor, I reviewed countless search warrant and Title III applications. I would never have participated in deceptions as described in this memo. Also, I never saw any of the fine FBI agents I worked with pull a stunt like this! And I am shocked and appalled to learn that, in this case, a few misguided lawyers and agents, in an election year, would apply for a FISA warrant utilizing the dirty dossier, when they reportedly knew it was bogus, and also without disclosing to the FISA court that the dossier was actually opposition research bought and paid for by Clinton and the Democrat Party. If proven, this will go down as one of the biggest political scandals in American history.

Many questions still remain:

• Will a new special counsel be appointed to clean up this mess?
• Will there be other revelations of corruption by this small group?
• Will the FISA court take action against any culprits who allegedly abused the FISA process?
• Will the main stream media ever even acknowledge any of this corruption?  

Before closing, I want to emphasize that I proudly worked, side by side, with countless outstanding FBI special agents for over twenty years. They are not to blame. The reported corruption in this situation clearly exists only at headquarters and not in the field.

What is your opinion of this colossal mess?

Search Warrants v. Subpoenas: Practical Considerations on Which Method the Feds Will Use

[Photo from southeastsun.com]

According to various news reports, earlier today, state and federal law enforcement officials executed a search warrant at a social services (DFACS) office in Columbus, Georgia. According to the reports, the agents were looking for evidence pertaining to an investigation of DFACS employees for allegedly falsifying records to obtain federal funding. It struck me as a little bit odd that government agents were doing a raid on a government office.

But the facts of that investigation really are not the point I wanted to make here. Instead, I want to discuss in this post some of the practical reasons why the feds sometimes select search warrants, as opposed to utilizing grand jury subpoenas, or some other method, to obtain evidence of a crime.

As a former federal prosecutor for over 20 years, (currently, I am an Augusta, Georgia criminal defense lawyer), I often had to advise or plan with federal agents about which evidence-gathering method to use. A common reason to utilize a search warrant, (instead of a subpoena), is if you are afraid that the "bad guys," or targets of the investigation, will engage in a "shredding party," if you tip them off, or that you may give them time otherwise to remove or destroy incriminating records.

But, trust me, there are also some practical reasons NOT to use a search warrant! For instance, if you go in with a search warrant, you may be required to seize everything!  This can amount to millions of pages of documents that you are then going to have to inventory, store, and actually read! On the other hand, if you use a subpoena, you can make a rifle shot request for a relatively few, selected documents and avoid all the trouble and mess of a search warrant!

Another problem with utilizing a search warrant involves the serious disruption it causes to what may be otherwise be a legitimate office or business.

Every white collar crime investigation is different! And that is what made it exciting to be a federal prosecutor! These are just a few of the practical reasons why one evidence-gathering method may be chosen over another. What do you think?

Federal Agents Raid Home Over Student Loan Default?

[Photo from chroniclelive.co.uk]

What in the world are the feds up to in Stockton, California?  Various news reports indicate that, early yesterday morning, at about 6 a.m., federal agents, accompanied by a SWAT team, allegedly kicked in a front door and raided the Stockton, California home occupied by a father and his three kids.  The father, Kenneth Wright, reportedly told the news media that he was man-handled and handcuffed while in his underwear and that he and his kids were then held in the back of a police car for several hours while agents searched his home.  No doubt, the poor children were probably scared to death.

According to reports, the federal agents were reportedly looking for the man's estranged wife, (who was reportedly not at the home), and for evidence related to her alleged student loan default.  According to news reports, the agents conducting the raid, (which is NOT depicted in the above illustrative photo), were from the Department of Education, Office of Inspector General.  (Did you know that virtually every federal government agency has its own law enforcement wing, or component?)

Again, I ask, what in the world is going on here?  Doesn't this raid, along with the harsh manner in which it was apparently conducted, seem just a bit extreme?  This matter appears to be, at the least, a civil matter, and, at the  most, a non-violent white collar crime. 

Look, as you know, I am currently an Augusta, Georgia criminal defense lawyer.  But for over 20 years, I was a federal prosecutor.  In my opinion, as a former federal prosecutor who approved, or assisted agents with, numerous search warrants over the years, at this point, I submit this raid appears ill-conceived and half-baked.  In fairness, one can only hope that there are more (undisclosed) facts which would somehow justify this otherwise excessive police action.  What do you think?

But the U.S. Department of Education isn't "educating" the public yet about what happened, or why it happened.  Again, perhaps we will learn more facts, or some justification, later.  It will prove interesting to see what happens next.  In the meantime, please don't get behind on your student loan payments!

What do you think?  

Police Raids on the Wrong Houses: They've Done It Again!

They've done it again! News reports today indicate that federal drug agents and local police executed a search warrant at the wrong home in Polk County, Georgia!

Sadly, the home was occupied -- not by any drug dealers -- but by a totally innocent 76 year old woman, who has now reportedly been hospitalized after possibly suffering a heart attack.

The news reports do not clearly specify how the drug agents royally messed up this time. (And it should be emphasized that not all law enforcement agents are lazy and that they get it right most of the time). Sometimes, when these foul-ups do occur, the investigators have simply been too lazy to independently verify information obtained from snitches, including information about where the bad guys actually live.

As in the last post, based upon current news reports, this case appears to be another example of lazy police work. And sadly, as a result, an innocent 76 year old woman must suffer for it.