Corrupt federal prosecutors presenting false evidence in order to shake down a blameless company and bring in tens of millions of dollars seems like a pretty dramatic story. Especially when former prosecutors support the charge and a chief judge acts on the allegations and takes dramatic action. Yet the media silence is deafening.
Eric Holder’s Justice Department is implicated in a dramatic and shocking case of alleged corruption that is so bad that the Chief Judge of the Eastern District of California has taken what can rightly be called the “nuclear option” and recused all the judges in the district from the case because they may have been defrauded by the DOJ prosecutors.
So far, aside from the local paper, the Sacramento Bee, it is only Sidney Powell of the New York Observer, writing in the opinion pages of that publication that has paid attention to what should be a prominent national media scandal. In brief, the Sierra Pacific Industries, a lumber producer, was accused by the federal government of starting a large wildfire, and fined $55 million, and compelled to hand over title to 22,500 acres of land. The only problem is that the prosecution was allegedly corrupt, and knowingly submitted false evidence.
In an extraordinary development, Judge England, Chief Judge of the United States District Court for the Eastern District of California, ordered the recusal of all the Eastern District judges from the case because of serious allegations that the Court itself was defrauded by the government in the original prosecution. To avoid any appearance of partiality, he has referred the case to Ninth Circuit Chief Judge Alex Kozinski to appoint a judge from outside the Eastern District to handle the case going forward. Judge Kozinski has excoriated prosecutors for failing to meet their legal and ethical obligations.
The order notes that the defendants filed an action this week to set aside the $55 million settlement because, as the defendants allege, “the United States presented false evidence to the Defendants and the Court; advanced arguments to the Court premised on that false evidence; or, for which material evidence had been withheld, and obtaining court rulings based thereon; prepared key Moonlight Fire investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation; and failed to disclose the facts and circumstances associated with the Moonlight Fire lead investigator’s direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated.”
The Sacramento Bee reported on the Defendant’s filing. Indeed, the Defendants’ motion informs us that a former Assistant United States Attorney came forward and disclosed that he believes that he was removed from the original prosecution by “his boss, David Shelledy, chief of the civil division in the United States Attorney’s office,” because he “rebuffed” pressure to “engage in unethical conduct as a lawyer.” Of course, like other former prosecutors who were unethical, Mr. Shelledy is to receive Attorney General Holder’s highest award for excellence—this week.
Why the news media censorship? For a very common reason. To report this story truthfully would expose corruption in Eric Holder’s and Barack Obama’s Justice Department. That is good for justice, good for the rule of law, good for America, but bad for the political favorites of the majority of the news media reporters. So this story is being been censored.
Here is part of the lawsuit exposing this:
Defendants base their Motion on the grounds that the United States’
prosecution of this action constituted a fraud upon the Court when the United States
attorneys and the Moonlight Fire investigators and their counterparts in co-pending state
actions, operating under a joint prosecution agreement with the United States, advanced
a corrupt and tainted prosecution, violated Defendants’ due process rights, and engaged
in investigatory and prosecutorial misconduct.2 Id. Defendants allege that this
misconduct was perpetrated by officers of the Court and ultimately tampered with the
administration of justice, in a manner that wronged not only Defendants, but also the
Court and the public. Id. According to Defendants, the government’s misconduct
compromised the judicial process and amounts to an unconscionable scheme designed
to improperly influence the Court’s decisions in this case.3 Id. In fact, Defendants state
that they perceive the Court itself as a victim “as it has neither had the chance to fully
assess the trust it naturally placed in certain federal prosecutors nor the ability to do so
in the context of all that was eventually discovered about the thoroughly corrupt and
financially driven Moonlight Fire investigation.” ECF No. 593-3. Defendants ask that the
Court set aside the judgment and the Settlement Agreement and dismiss this action–