December 4, 2011

JIM MORHARD: Are Prosecutors Above the Law? Despite their shocking misconduct, federal prosecutors in the Ted Stevens trial may not be charged with criminal contempt. “The first duty of a prosecutor, as an officer of the court, is to uphold the rule of law. By withholding exculpatory evidence, these prosecutors failed to do so. A judge should not have to give a prosecutor an order to follow the law. Perhaps it will be argued that charging these prosecutors with criminal contempt of court could have a chilling effect on future federal prosecutors. A reasonable person might respond that charging them might have a chilling effect only on future prosecutors who think they are above the law.”

UPDATE: Related: Durham DA Wrote False Motions. “Durham District Attorney Tracey Cline presented motions with false information to a Durham judge to obtain confidential documents from the state prison system about two inmates challenging her prosecutions and ethics, according to interviews and records obtained by The News & Observer.”

First Nifong, now this? What’s up with Durham?

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