tag:blogger.com,1999:blog-4070126256373578912.post1034282150915324615..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: Prosecutorial misconduct and favorite sonsEugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4070126256373578912.post-60735627931804446332019-07-03T10:46:05.931-04:002019-07-03T10:46:05.931-04:00Welcome aboard Butch. As an AF JAGC alumnus, who h...Welcome aboard Butch. As an AF JAGC alumnus, who has been practicing military law for 40+ years, a tad shy of Gene's tenure, the AF JAGC has been singularly inept (or deliberately ignorant) about professional ethics, and it flows downhill. We had an AF TJAG file a seriously misleading (if not false) affidavit in United States v. Reynolds, 345 U.S. 1 (1953), we had a TJAG demoted to 0-6, for misconduct that he prosecuted vigorously, we had a very senior JAG court-martialed because (whoops) he'd never passed the Bar; and we had an ETHICAL 0-6 JAG quit his job as the Chief Prosecutor at GTMO when "ordered" to hide Brady evidence from the job [Disclaimer: "Mo" Davis is a friend of mine]. <br /><br />Voorhees is simply more of the same, only CAAF dropped the ball imho. They could have directed that the TJAG refer the matter to the appropriate State Bar; they could have exercised their "supervisory" authority to fashion a remedy, etc., but they punted unfortunately.<br /><br />About 75 years ago, one of the great 2nd Circuit Judges, Judge Friendly, got fed up with prosecutorial misconduct, and wrote this in an opinion:<br /><br />"If we continue to do nothing practical to prevent such [prosecutorial] conduct, we should cease to disapprove it. For otherwise it will be as if we declared in effect, Government attorneys, without fear of reversal, may say just about what they please in addressing juries, for our rules on the subject are pretend-rules. If prosecutors win verdicts as a result of ‘disapproved’ remarks, we will not deprive them of their victories; we will merely go through the form of expressing displeasure. The deprecatory words we use in our opinions on such occasions are purely ceremonial.' Government counsel, employing such tactics, are the kind who, eager to win victories, will gladly pay the small price of a ritualistic verbal spanking. The practice of this court recalling the bitter tear shed by the Walrus as he ate the oysters-breeds a deplorably cynical attitude towards the judiciary." United States v. Antonelli Fireworks Co., 155 F.2d 631, 661 (2nd Cir. 1946) (Frank, J., dissenting).Don Rehkopfhttps://www.blogger.com/profile/00591990643107446160noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-90249354156137160602019-07-02T18:45:35.930-04:002019-07-02T18:45:35.930-04:00They seek him here, they seek him there, they find...They seek him here, they seek him there, they find him everywhere. Welcome Butch.Phil Cavehttps://www.blogger.com/profile/06086682991693654964noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-58037546807575371552019-07-02T16:32:47.092-04:002019-07-02T16:32:47.092-04:00Welcome aboard, Butch. The post you refer to prese...Welcome aboard, Butch. The post you refer to presented the views of a pseudonymous CAAFlog commenter. See http://globalmjreform.blogspot.com/2019/07/prosecutorial-misconduct-what-is-to-be.htmlEugene R. Fidellhttps://www.blogger.com/profile/14694139458443207131noreply@blogger.com