Nov 9, 2012|
Don Dubuc, in for Garland, talks to Attorney Robert Jenkins about the fallout at the US Attorney's office following Jan Mann's demotion
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Automatically Generated Transcript (may not be 100% accurate)
And being a Friday got Don Duffy thank you for tuning in -- thanks to -- -- public information officer with the Louisiana State troopers the last hour. Thanks to all of you all -- the large number of text that came in and telephone calls we will play and have him back on again and continued. The talk about the concealed carry government in basically what constitutional amendment number two what impact if any animal all of this. If you do have a question for -- appreciate if you would email those to -- Don. At WW dot com particulates compliment Mike -- of the research in get all cancel -- that for you. Probably going to be about three weeks before we can get back but please keep listening each and every Friday always got interesting and entertaining information for. Such as the case this now war the second and commandment Jim Latin US attorney's office was accused of some anonymous blogging about pending cases. DOJ is investigating this some questions arising now what about the question. Of due process and also you know the big question is. Now these people not know realized what the deal and that is -- issues of social media. And they think that they would remain anonymous and when it caught on loan and they ought. And then the other question what do we do about it. Joining us to talk more about this as attorney Robert Jenkins. Familiar voice on the radio station Robert thanks for joining us. -- Question I have for you early this morning on Tommy talk issue Andrew creek. Who was an expert from the justice integrity project. Says that the Department of Justice office of professional responsibility. Is where issues go to die. And that's why it's referred to was the roach motel. Does that mean that the prosecutors are immune to prosecution and whereas the checks and balances. For what's supposed to be -- checks and balances organization. Well I mean I don't -- with the enemy what is is that even the prosecutors -- without due process as well. They have a right to have there and it usually investigated and have an office of professional responsibility. They go -- evidently they claim them. And and they have Rivera who was in Washington DC about it they have a problem prosecuted to take appropriate action. But that's a mustang this is not what the situation where it's meant to -- that because this is very very sensitive. And they're very dangerous so that's why. They have to take it under investigation and take appropriate action it is is that. Well in this is pure speculation but let's say that this of this office does not. I'd do their due diligence who is there to check on the. Well I mean legal equivalent to the attorney general to Eric Holder and that's where you go but there also. Issues that are important because want to come to light that we talk about this particular case that Clinton's statements and allegations made. Towards what federal judges as well. And they also have the opportunity to file complaints so it is not like it's gonna go away overnight and normally hear about it. This thing is is gaining speed and momentum because that we are aware that it turns its solved. -- information about other things that happen in the office and now they're coming to light. -- Robert -- in the print media's comments section and -- a lot of people Imus seemed to dismiss man's actions and I guess some do it on on on. Camping was named right now who's the one before -- -- met him -- don't. It is just being frustration -- not being able to talk freely and publicly in exercising their free speech rights. They -- wrong in in in -- and that these actions are very damaged well threatening. Well I think they are wrong in what -- would and missing is that. There's nothing that is because the prosecutors they don't have free speech what the government is saying we talk about the government departments -- an obvious thing that. The grand jury information is there a sense there's -- their secrets you can't devolved it. And that's what we talk -- out giving out information at two grand jury and otherwise that. And and data was lies about what prejudice the jury. So when you have individuals who allegedly blogging about information useful to be secret that's where the problem comes. Did we have any of this instances of this prior to all the social media as this is giving it. Of and you now and again now before it might have been mentioned in calls circles but getting out to the masses like it is now this is something new. Yeah it is something new because default may be mind. Someone may -- something to Clinton supported that they may have may have had a productive but he's -- now. To -- every day all day and not getting out there and picked a lot of his law. -- is something new and it has to be addressed. And you know what else is happening opted to his people and -- people who are in positions of man. And Erik -- but just the average person is getting out there on FaceBook. And making political comments and disparaging statements and and their identity is found out -- suffer the repercussions of this still. I guess this is gonna open up a whole new field of law. It is because you don't have a lot of things that probably it's -- newspapers and other media trying to find out what these intimations quoted in the -- that are allegedly defaming artists. So now you have first amendment rights against both the death -- base and so. It's going to be very very interest -- that is different -- prosecute. There's different -- that you out there putting out information which is it is secret and dangerous. I guess that would be borderline all may be exactly abuse of power. Well it would be -- not only that you have to look back. There -- many. That is where they ought to do investigations. And so if the investigation was done. And that you did it and each of the federal government I'm not Dorgan not come back if that you are. That's what can possibly shouldn't to a federated -- which is a crime. I would talk of a former state public defender in criminal defense attorney Robert Jenkins if you got a question a comment we invite your calls and text it to six though. 187 ERE 66889087. These attacks border's open for you but please don't -- while you drive. Have a designated driver or a designated text -- I'm Don did you give the -- Robinette we'll be right back with the think tank at this time. And welcome back into the -- thank our guest this hour Robert Jenkins former state public defender criminal defense attorney and public defender with talking about the issue that is going on US attorney's office a second in command there being accused now and actually removed. For anonymous blogging about pending cases. Robert do you feel that that this has gone on more than just this high profile case in where the defendant is. Is it is got a lot of money and he can hire the researchers to look in this thing and take the time to figure all this now or do you think that maybe some of the people you have represented. And has been compromised by these types of leaks in these things that are coming from people. On with had been entrusted from the Department of Justice in the attorney's office. And if there's all Don Dubuque was a group accused of chicken thievery Amundson they would say he had he's been known hang around a sewing but some dead chickens the other day. I mean what I have any recourse do you think that this is going unnoticed and it's being unfairly done to the average person. Well no I I don't think that is somewhat spread within the office because and -- -- most of most of the majority of them vary. Honest and hardworking and it was probably just a few that was doing it but it was doing when he massive base and they were doing in the most high profile cases. So. That's where is coming in because you have a celebratory -- let's follow motions in the to the ones we -- Powell. And -- barricades where we will imagine that this was going on in the detection investigation. Salute the Soviets thing to see what can be done now if anything. Well bush saying I'm because of changes in the media was saying a lot of the local stations going to and putting their resources into investigations. Big investigations. Do you think that because of the reputation and Jim -- has enjoyed and because of the on the level of the office that maybe the media's going to be intimidated and maybe they won't quite big so deeply in this. I don't know. I don't think it was opposite that the intelligent he doesn't mind. Any of this investigation because when you deal with these guys over the many years that -- pants. And especially to him he he's too good to have high integrity when he says he didn't know anything about monopoly because it has happened -- work went. But I don't think the media it's going to be intimidated -- because assistant that because he would welcome any of may significantly to what just. Well okay you're defender let's say one of your clients this has happened to them what do you do what do you stepped in in our. And and that -- good question because we're looking yet that as to what we can do if we want to do everything in you know because some cases. Things worked out for the best and the betterment so we have to look at what we can do but I do know bit that. Especially in several cases. I'm federal judges that audit investigation. And they came back to say that nothing was being done in office north reprise what not come back to find out. Whether that's true. As -- relates to some prosecutors would now together the -- if the law enforcement is the opportunity to do something about it we're looking. You know there's some rumors and of course at this point is strictly rumors that some grand jury testimony is being set out to the public if in fact that's true. Why would a citizen have a goal before a grand jury to -- wouldn't be better off just plead the fifth. Well it depends on the if that particular citizen is under investigation and know that he's under the conditions and investigations of targets. Most deterrence will do what two double prosecute that they have going to plead the fifth to 41 -- and it. This has to do with public information and investigation that they are getting that is being put out of the public which is the proper. After the investigation. As far as what's been done with would stand man being removed. Is this kind of bypassing due process today another enjoy the same. The due process than an ordinary citizen would give him you know where you can actually take action before they given a chance today in court. Now since she's -- that the process was such -- one else's and that's why it is taking. Quite some time alone without taking time in my opinion of people -- it should happen overnight just because the allegations about that you should be terminated. I don't know what that statement but. Based on what they've stated that they have an admission that she was blogging but demented -- to oblige him and his main. The best way to investigations of those so she's -- the due process as well. And I guess we should not expect to get any of that inflammation I guess that's not available for the public because in fact it is an ongoing investigation. In an investigative. Agency. Desperation maybe if you -- troubled by the polls hypothetically. That she and others have given false information to settle the part -- law enforcement offices. Then. Could they not be prosecuted that your equipment and a dip look Tibetan processor as well so it mentally and quickly investigation you might have somewhat resignation the retirement but the investigation involved quite some time. Do you do you think that this trend is is gonna continue where citizens that and haven't been officially charged but that being tried in in some cases convicted on these public forms things. I mean should people fear that to should be afraid of the government this is a new methodology and they've got. Well it's just. When we need to regenerate how these comments you do the Guardia and most often you try to get a fair jury. But now with the social maybe you've got to do things about. What did you read and they with the black and information that particular -- about -- -- looking get a jury it just takes quite some time. Well first it was Eric -- obviously there's something going -- with man by the action has been taken what's next in the investigation I mean is this gonna go now I have to let men and seek not giving the test of an integrity point competence if you. -- won all the other. Well I did it appears that is on already have to do eulogy at a public integrity and political possible PR that separate investigations going on. If we come back to determine that she was to a company illegally sent should be terminated -- -- given an opportunity because of the patients as it relates to jam. Again to go back to where that you knew that it caused people don't think he should have known well you know that reliable on on an office. Even handle everything but at least he's an honest about what he's done and so we did a particular that. Any other thoughts zone on this whole whole issue. No other than that that it -- -- -- what -- but -- as was -- It's something going on there it is insists. It's really really strange about these arguments are coming out there. Well I noticed way TB is already is his attorneys have already made a motion to dismiss the case of these think that there's any possibility that that'll happen at this point. -- what would it take for that to happen. Well what do you mean dismissed the civil case that -- pathetic thing ride. I think that it in the mid may -- that that will be a discrepancy. Robert thanks there's been some time with -- -- what is it about it.