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  •  Hold on a minute (3.95 / 42)

    Alice Fisher is the head of the Criminal Division, but she is NOT the prosecutor in this case.  The hands-on prosecutor is Mary K. Butler.  Alice Fisher just shows up for press conferences.

    You may find this hard to believe, but Fisher will have little to do with this. Her name is not even on the plea agreement. Butler's is. She'a a career DOJ trial attorney, first joining the US Attorney's office in 1987. She has worked on public corruption since that time. Take a look at the plea agreement.  It's a pretty stiff deal.  And if Jack doesn't sing the proper tune 24/7, he is REALLY screwed because he has pled.  His sentencing will be deferred until he is no longer useful.

    It is clear from the plea agreement that some debriefing has already occurred.  My experience with US Attorneys and career DOJ attorneys is that they are professional and courteous (since they hold all the cards, you can see why).

    So before we go off screaming for Fisher, be advised that she does mostly paperwork and administration.  Oh, and press conferences.  Can't let the boss miss one of those.

    We do not rent rooms to Republicans.

    by Mary Julia on Tue Jan 03, 2006 at 11:45:11 PM PDT

    [ Parent ]

    •  Agree, but (4.00 / 3)

      all that having been said, Fisher damned well better keep her hands off each and every aspect of this case, and all related cases.

      Which means, as an attorney, she needs to avoid the appearance of impropriety or her bar card may be forfeit.

      How best to accomplish this complete separation from all aspects of these cases ?

      Glad you asked. SHE SHOULD QUIT HER JOB !!!

      Let's get some Democracy for America

      by murphy on Tue Jan 03, 2006 at 11:52:23 PM PDT

      [ Parent ]

    •  need context (none / 1)

      that's good news, I hope you are right.  

      However, if what you're saying is true, why would Leahy make all this fuss?

      Also, I read the plea agreement, too, and perhaps you can give us some more context.  Definitely, there seemed to be a lot of stern language in there about Abramoff cooperating -- but honestly, it seemed like boilerplate to me.  Why is he pleading guilty only to single counts of his various offenses, when we know that he has done much more than that?  is having just one charge per type of crime typical in this kind of arrangement?

      •  The Leahy statement... (4.00 / 7)

        ...was issued on May 12, 2005, at the time of Fisher's confirmation hearing before the Senate Judiciary Committee, on which Leahy is the ranking Democrat.  His fuss is not Abramoff indictment-specific.

        He is pleading to only single counts because that's what you do in a plea "agreement," the federal term for what most of us call a plea "bargain."  You provide assistance to the prosecution and don't make the prosecution go to the burden of proving its case in open court, and in return, you get to plead guilty to charges that are reduced from those you would have faced if you'd gone to trial.

        As to the independence of career prosecutors in the U.S. Attorney's Office for the District of Columbia,  I'm not overly concerned.  What I do worry about is the potential for reversal of their decisions by their higher-ups in the Criminal Division.  I've worked with the AUSAs in D.C. many times, and I've found each to be zealous, committed professionals.

        The good news is that U.S. Attorney's Offices have a great deal of independent authority.  The U.S. Attorney him/herself serves at the pleasure of the AG, but the career prosecutors in the office have latitude.

        However, the U.S. Attorney does indeed make policy decisions which his underlings have to carry out (I say "his" because the U.S. Attorney for the District of Columbia is Kenneth Wainstein).  Some of these are unpopular.

        As to whether Wainstein himself would be susceptible to political pressure from Gonzales, I don't know.  He's the former general counsel of the FBI under Mueller and former director of the Executive Office for U.S. Attorneys.  He clerked for Thomas Penfield Jackson, former judge on the U.S. District Court for the District of Columbia most noted for deciding the Microsoft case.  Jackson himself was a Reagan appointee but actually ordered the breakup of Microsoft.

        From his background, Wainstein doesn't seem like the political sort.  He seems more the career prosecutor sort.  Whether Gonzales, et al., could get to him or not, I don't know.

        What I do know is that Leahy and Co. will be keeping the pressure on in the Judiciary Committee.  It was Leahy, Durbin, and Schumer who made Ashcroft recuse himself in the Plame/Wilson matter and forced the appointment of Patrick Fitzgerald.  I have no doubt that they will be following this matter closely and that if any hijinks come to their attention, they will raise a similar stink.

        "There is nothing false about hope." -- Barack Obama

        by DC Pol Sci on Wed Jan 04, 2006 at 07:01:44 AM PDT

        [ Parent ]

    •  We'd all be glad if that was the case... (4.00 / 6)

      But remember that even though 6 attorneys at DOJ said that the redistricting DeLay was engineering was wrong a political crony of bush, who was their boss, overrode them.
      •  And the tobacco settlement was reduced (4.00 / 8)

        from $130 billion to $10 billion at the 11th hour, by orders from the political appointees, not the career prosecutors. I don't trust Abu's 'DoJ'.
      •  This was the Civil Rights Division... (none / 0)

        ...not a U.S. Attorney's office.

        "There is nothing false about hope." -- Barack Obama

        by DC Pol Sci on Wed Jan 04, 2006 at 07:03:09 AM PDT

        [ Parent ]

        •  Its a pattern.... (none / 0)

          Good people at DOJ do their job properly, then a political crony overrides them and issues a decision.
          •  its (none / 0)

            the pattern w/bushco.  if the career "civil service" type employees won't play ball they're removed from the loop or removed altogether.  

            personally, i don't take anything for granted.  the one optimystic note i hear is that there are now some questions being asked about the fiddling around with the prosecutors office in guam, so everybody touching the current abramoff/gopergate litigation will probably act with some circumspection and will think a few times before ratfucking the investigatory/prosecutorial process.  but we'll have to watch like hell.

            we'll stand him up against a wall and pop goes the weasel /rufus t. firefly

            by 2nd balcony on Wed Jan 04, 2006 at 12:38:36 PM PDT

            [ Parent ]

    •  Mary K Butler (4.00 / 9)

      This is who Mary K. Butler is...

      Butler practiced law in Chicago before joining the U.S. Attorney's Office in the Southern District of Florida in 1987, where she prosecuted white-collar crime and public corruption. She was part of the independent counsel's office, which investigated former Interior Secretary Bruce Babbitt. She joined the Public Integrity section six years ago and has been considered for supervisory positions but apparently was not selected.

      Butler reports to Noel Hillman, section chief, whom President Bush nominated to a federal judgeship last week. Hillman, an avid surfer and Bruce Springsteen fan, was an assistant U.S. attorney in New Jersey before coming to Washington.

      He led the Campaign Finance Task Force, which investigated contributions made by foreign donors to the Democratic Party in the 1996 election, and investigated Sen. Robert Torricelli (D-N.J.), who resigned from the Senate in 2002 because of allegations he accepted illegal campaign donations and gifts.

      http://www.hillnews.com/...

      I know that that isn't much, but hopefully we can find out more about her. What I don't like is the fact that she reports to Hillman,(That's right, another BushCo appointee), who reports to Fisher, who reports to Gonzoles, who Reports to Bush. Face it guys, no matter what you do, there is ALWAYS some close association to BushCo to run interferrence at every turn. BushCo has been in power with no oversight for five years now and they have been extremely thorough in their destruction of any barriers to their nefarious objectives.....
      It truly is the fox guarding the hen house....
      But then again, what did we expect out of this bunch?

      Conformity is the jailer of freedom and the enemy of growth. ..John F. Kennedy

      by irishamerican on Wed Jan 04, 2006 at 03:24:27 AM PDT

      [ Parent ]

    •  Well done and correct (4.00 / 6)

      The work at DOJ is being done by good career people.

      And just so people really get the gist of the plea agreement, the key is 10 years, either way.  Why?  Because a sentence of 120 months or more means the person is NEVER, even with only a little time left, eligible for minimum security "country club" time.  In other words, play nice, or you spend every minute of your time with the bad guys.  That is the hammer (pun intended) still hanging over Abramoff.

      Done with politics for the night? Have a nice glass of wine with Two Days per Bottle.

      by dhonig on Wed Jan 04, 2006 at 04:28:46 AM PDT

      [ Parent ]

      •  Interesting (4.00 / 3)

        But the Boston Globe is reporting in this morning's paper that Abramoff's exposure may only be 9.5 years. Does that mean he might still get country club?

        Abramoff, 46, faces up to 30 years in jail for the Washington-based charges, but prosecutors said that could be cut to 9 1/2 years under sentencing guidelines, with a possible further reduction for cooperating with the government in cases against others. He is expected to pay $25 million in fines to his victims and $1.7 million in evaded federal taxes. Prison time from his Miami charges could be served concurrently with his Washington-based charges, a Justice official said.
        •  Once again (4.00 / 9)

          let's get the facts straight:  Justice has agreed to recommend a sentence of between 9.5 and 11.5 years, which was originally reported as a straight ten years.  The federal judge, Ellen Segal Huvelle (who I have been in front of on numerous occasions, and is no pushover), IS NOT BOUND BY THE DOJ RECOMMENDATION.  She can sentence Abramoff to anything up to and including the maximum possible sentence, which in this case is 30 years.  Huvelle made this clear to Abramoff repeatedly during the plea hearing (see the Post article of this morning).

          And as to "country club," a sentence of 9-11 years will not get you a minimum security facility.

          •  Thanks for the clarification n/t (none / 1)

          •  And once again... (4.00 / 3)

            ...to contradict jsmd, whom I greatly respect, but to end up emphasizing his point further, there's also the carrot in the plea agreement of what's called a 5K motion.  If Abramoff provides sufficent help to the Government (read that as strings up enough Congressmen), he's eligible to be considered for what's called a "downward departure," i.e., a further reduction of sentence.  This is not automatic.  Only the Government can move for such a downward departure.  He has every personal incentive to cooperate.

            I fully endorse jsmd's comment that Huvelle is no pushover.  I've worked for her on numerous occasions and indeed have quite a good rapport with Her Honor.  She is, by the way, a Clinton appointee.

            "There is nothing false about hope." -- Barack Obama

            by DC Pol Sci on Wed Jan 04, 2006 at 07:08:11 AM PDT

            [ Parent ]

            •  Yes, but (none / 1)

              do you honestly think that Justice will make a 5K motion in this case, absent some compelling testimony from Abramoff that DOJ doesn't already know about?  And even then, they could claim that he was holding out in the first instance and therefore doesn't warrant the 5K.  Like you say, it's ENTIRELY up to them, and there's no way to force them to file it.

              In my (admittedly limited, compared to some) federal experience, 5K motions are almost never filed in a case like this one.  They are usually reserved for drug kingpin or RICO cases, where a low-level stooge rats out five or six or a dozen higher-level guys in the gang.  Absent the help, the feds wouldn't have gotten the higher guys.

              In this case, Abramoff IS the kingpin.  From the publicity point of view (and the partisan, of course), getting Ney and other Republican congressmen is the big enchilada, but from the legal perspective, Abramoff ran the show, dispensing cash for favors and favors for cash.

              My guess is that he's looking at 10-15 years, assuming stupendous cooperation, and the sky's the limit if he doesn't fully play ball.  Don't forget, Huvelle can consider unconvicted, dismissed and even uncharged crimes in fashioning a sentence.  As Abramoff testifies, if he testifies fully, he will implicate himself in Lord alone knows how many different crimes.  And if he doesn't?  Then he's not cooperating, and the deal's off.  Either way, he's fucked.

              Sucks to be Jack Abramoff, huh?  Heh.

              •  jsmd, (none / 1)

                I don't know if cumulative effect can be considered a legal doctrine but I used it once in a case I was involved with as an expert witness.

                Abramoff played the game but the game was only possible by the cummulative effect of those in congress who sell their votes.  That is their sideline illegal business.  They are in fact the godfathers and capos of the congress.  

                This is not unlike protection rackets where organized crime gets paid off very well for making things happen.  Organized crime can stop your trucks from making deliveries and congressmen can stop legislation or put forward legislation that will allow you to operate sucessfully.

                "When fascism comes to America, it will be wrapped in the flag and carrying a cross." Sinclair Lewis

                by cpa1 on Wed Jan 04, 2006 at 09:59:38 AM PDT

                [ Parent ]

              •  Yeah, it sucks to be Jack... (none / 1)

                ...but if he moves half the Republican leadership from the House to the Big House, I think he's got a shot at a 5K.  As I'm sure you know, these things are decided by a committee at the USAO.  The committee has to be convinced that his cooperation has been really, really significant.  They don't give 5Ks for garden variety cooperation.

                Abramoff is a kingpin in one sense, but he's small fry compared to Tom DeLay et al.

                You're probably right that, in the end, he won't get the 5K.  Ellen Segal Huvelle, however, has never been known down at Third and Constitution as one of the "throw the book at them" judges.  My bet is the 9 to 11 year range holds.

                "There is nothing false about hope." -- Barack Obama

                by DC Pol Sci on Wed Jan 04, 2006 at 10:49:59 AM PDT

                [ Parent ]

          •  I've heard that.... (none / 0)

            ....the days of "Club Fed" are largely over.
          •  That's just a brilliant way to get cooperation (none / 0)

            Be nice, you get to walk on grass and conduct your business.  Be difficult, you have to align yourself with someone to stay alive.

            "A problem facing any American is a problem facing all Americans." Obama

            by otto on Wed Jan 04, 2006 at 07:17:25 AM PDT

            [ Parent ]

          •  It's been a while (none / 1)

            since I did criminal law, but the rule used to be a sentence of 119 months or less permitted eventual Club Fed time, even if only for the last part of the sentence.  However, a sentence of 120 months or more required that NONE of the time, not even the last week, month, or year, be there.  That's the distinction- not the entire time of the sentence, but ANY part of it, is barred with a sentence > 10 years.  Has that changed?  I do not believe so, but am certainly prepared to be wrong.  In this case, the plea sure seems built around a very narrow range of time, a range of time that will tip Abramoff under or over that magic 119 month sentence.

            Done with politics for the night? Have a nice glass of wine with Two Days per Bottle.

            by dhonig on Wed Jan 04, 2006 at 08:40:46 AM PDT

            [ Parent ]

    •  Sorry, not buying the 'Butler's in charge' spin (none / 1)

      of your comment.

      Everyone except supposedly Head Prosecutor Mary K. Butler appeared at "Smirking" Alice S. Fisher's Justice Dept Abramoff plea 20 minute news conference yesterday, 01/03/06.

      To me, that speaks volumes that either:

      • Head Prosecutor Mary Butler is getting squeezed out of case by the Bushie-planted Alice Fisher, or
      • Head Prosecutor Mary Butler wants absolutely nothing to do with this strange Abramoff plea agreement deal.

      Watch the C-SPAN video of Fisher dog and pony show, and judge for yourself. (She's no Fitzgerald, although she is trying to sound like one).
      •  Minute 7-8 of video (none / 1)

        Smirking Alice does not even mention or acknowledge supposedly Head Investigator/Prosecutor Mary Butler's efforts, during Alice's "and I would like to thank...." portion of her Ambramoff press dog-and-pony press conference.

        This is a classic Bushco limited hangout coverup, imo, and Mary Butler probably does not want her name associated in any way with it, in contradistinction  to the apparent thrust of Mary Julia's comment above.

      •  D00d, (none / 0)

        I don't think they can really get away with it to the point others won't, or can't, speak up and try to fight back,make their voices heard.

        We aren't speaking of just Abramoff, we are speaking of the whole country.

        BUshco, mikey, made alot of enemies themselves, don't forget.

    •  If you think that the lead prosecutor (none / 0)

      is making the big decissions on how this plays out you have been living in never never land. Watching "Law and Order" should be enough to tell you that much.

      So before you minmize the importance of this information I suggest you wait and see how many other indictments are issued.

      To sin by silence when they should protest makes cowards of men~~ Abraham Lincoln

      by Tanya on Wed Jan 04, 2006 at 11:57:04 AM PDT

      [ Parent ]

      •  But you don't want to minimize the importance (none / 0)

        of this case.

        So much is at stake here, the very future of the United States.

        We have to fight for the right to live peacefully, andd free.

        We aren't in Kansas, any more Toto-Wizard of Oz

        All we are is dust in the wind Kansas

        Fart Blazzing Saddles

      •  I'm not in never never land (none / 0)

        I based my comment on my experience with AUSA's and DOJ attorneys I know. I am a criminal lawyer with quite an extensive background in federal criminal law.

        Butler has managed to get Abramoff to plead.  Usually, before a DOJ attorney will be willing to even consider a plea, the defendant is debriefed before hand.  I imagine that Abramoff has already demonstrated that he will be valuable to the Government, and in all likelihood, he will be testifying against the big fish that Butler will catch.

        If Fisher was trying to protect the big fish, why have Abramoff plead? Why not ignore the whole thing?

        It is standard prosecutor's 101 to turn the guy with the most info, and use him against the big fish.  Undoubtedly, Abramoff will cooperate. Moreover, I have always told clients before a debriefing not to lie to the Government for two reasons - it is a crime to lie to federal law enforcement, and also because the Government usually knows more than the defendant thinks they do.

        Fisher can't meddle in the case because any DOJ attorney worth his or her salt will resign.  Secondly, this is just too big a "media case" - any meddling will eventually make its way to the media.

        My experience with plea agreements and 5K motions is that if your client comes through for the government, he or she will gain the benefits of the agreement. One thing that prosecutors do is, if your guy comes through, they hold up their end of the bargain.  The last thing any prosecutor wants is a reputation in the defense community (and with the judges)for not keeping their word.  The ONLY way to tag everyone is getting someone like Abramoff to roll.

        We have no evidence that Fisher is meddling in the case. It is common to have the top boss at your press conference (the trial prosecutors line up behind her). So, until something weird happens, I think we should give DOJ a break.

        We do not rent rooms to Republicans.

        by Mary Julia on Wed Jan 04, 2006 at 02:24:53 PM PDT

        [ Parent ]

    •  As long as we're dealing with (none / 0)

      Abramoff, we may as well scream to the DOJ to cover and expose Jack's work with ILLEGAL FOREIGN INFLUENCE, and the now-gagged testimony of Sibel Edmonds. It is likely Fisher's job to steer the DOJ's inquiries away from the bigger crimes that lead to the White House, and to keep the gag order on Edmonds.
      •  SOmetimes, mikey, you have to fight for (none / 0)

        the right thing.

        Interesting, how something is legal when it's important to Bush, but illegal when it catches up to him.

        Like foreign intelligence intercepts being used to spy domestically, say.

        I don't know why this White House thought they could get away with harming others, turning America from Bedford Falls to Pottersville.

        get that, mikey?

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