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Los Angeles: Reviewing US Atty Shuffle

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This discusses a sample line of inquiry TPMM may wish to use when researching the Los Angeles US Atty office reorganization.


Comments (14)

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This discussion is not intended to resolve any issue, but prompt a discussion in the media about the curious staffing change within the US Atty's office in Los Angeles. The Los Angeles Times has reported on various US Atty personnel movements which have caused some of the attorneys some concern, prompting the US Atty for Los Angeles to allegedly threaten staff counsel.

Concern: Terror-Related Investigations Workloads Impacting Public Corruption Case Management

This review is intended to understand whether the basis for changes are related to stated concerns; or because of unstated workloads. It is possible that the low prosecution rate is related to higher information loads for terrorism cases; and inadequate investigative resources to supervise and prepare cases for initial Asst US Atty coordination.

We are concerned that the shuffle within the US Attys' office is indicative that the ASACs and SACs may be forwarding to the prosecutors less robust case files, requiring additional US Atty time and attention to each case. The question is less whether the skill set within the US Attys' office is lacking, but whether investigators are taxed to commit finite resources to non-corruption cases.

- Have the terror-related investigations reduced the quality of cases investigators forward to the US Attys;

- Do Asst US Attys have to spend more time working with investigators to develop cases for prosecution;

- Will the LA US Atty reorganization address the right problem, or mask the real problems?

- Are we seeing the same trends in DHS, Treasury, State and DoD?

Basis for Inquiry

This comment is triggered by the following, raising questions about the stated reasons for the changes:

"There may be merit in his decision -- I don't know," Levenson said. "But if there's a legitimate reason to disband the unit, then why do you need to issue the silence order?"

Out of court inconsistent statemens can be admitted, and can be subject to DoJ OPR review during administrative reviews.

This note does not attempt to comment on the larger issues of alleged ethics problems of the US Attys's office. The note narrowly focuses on exploring the simple question: Where are the newly assigned US Atty's located; and how does this reorganization shed light on DoJ management, training, and oversight of the US Atty. We make no claim that the Office of US Attys is or isn't involved with this reorganization.

Exhibits: Maps, Facility Layout, Org Charts

The LA Times discusses movement of 17 US Attys. For the sake of argument and discussion, let's get on the same sheet of music: Where are the US Attys physically located. This will help us understand whether the stated reorganization objectives make sense; or suggest something else is going on.

Review three [3] exhibits:

- 1. A physical map of downtown Los Angeles, showing the DOJ-assigned units, prosecutors, and investigative agencies;

- 2. A physical map of the US Atty's office in Los Angeles, to include the locations of the lead investigators' offices with the FBI, ATF, and other DoJ investigating offices; and

- 3. An organization chart of the US Atty's office for Los Angeles.

Second, we need a clear picture of the before and after images of where the US Attys were physically sitting; and get very specific which US Attys, if any, were moved from which office, to which office or unit.

- Where were the US Attys' physically located in Los Angeles before the move; where are the 17 US Attys' physically located now in Los Angeles

- Were there any changes in office location; or was the change simply who the Asst US Attys were reporting to?

After you take the above three maps/charts, you should have a specific answer for all 17 of the US Attys: Have they really moved; or not.

LAT reports they've been "farmed" out:

the unit's 17 lawyers would be farmed out to other sections in the office and that those types of cases would now be handled by a larger pool of attorneys

- Are any of the Asst US Attys, not just the 17, going to be co-located with the investigative squads within any of the non-US Atty offices; or will their physical/organization relationship/interaction with the SACs and ASACs change?

- Does this "farming" have any relationship with anything outside the US Attys' office?

- How many of the US Attys will be more closely located to investigative arms within FBI, DEA, or ATF?

Oversight, Training, and Reporting

This seems unusual in that he's specifically tracking the ethics-related cases, but no longer has a dedicated staff.

He said he also planned to appoint "coordinators" to oversee lawyers working on those types of prosecutions.

- Why does he have to appoint "coordinators": What was being done before; how were things getting done without these coordinators?

- Is the addition of a "coordinator" really another level of case management, training, and staff assistance that should be overseen by the SACs within FBI, DEA, and ATF?

- How many coordinators will there be; what other duties will they have; who will they report to: US Atty in LA, or DoJ Staff in DC?

Case Management

We've been asked to believe that the 17 were reassigned to "other" units. Why would they need "coordinators" unless there was something to coordinate. Here, examine the case file flows within the office. Focus on where the US Attys are physically sitting; and compare that with the case file flows within the US Atty's office. Attempt to trace sample cases through the newly organized office to determine whether the case-routing makes sense.

- Is the way the casefiles are now routed through the newly reorganized office making sense: Is it really streamlined; or are they staff doing multiple reviews of issues which should be resolved at the SAC/ASAC level within the investigative units?

- How does the sample case-file-route compare between the old and new organizations where these 17 are assigned?

- if there is a public corruption case that surfaces, how much time does the US Attys spend tracking that case; as opposed to assigning that case to a lead coordinator over the 17 assigned Asst US Attys?

- Is there a manning issue: Are there not enough trained Asst US Attys to do these jobs; then what was the basis for the Presidential appointment; what were these 17 attorneys doing before they worked for DOJ?

- Is this a leadership/oversight issue: Have these US Attys been forced to learn things by trial and error, and were not receiving the needed oversight, training, and assistance that the 17 Asst US Attys should have been getting since first assignment within DoJ?

Fired US Attys: Why Not Detailed to Complement US Attys?

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Fired US Attys: Why Not Detailed to Complement US Attys?

The US Attys were supposedly fired because of issues.

- Were the Asst US Attys also fired for the same reasons; or merely reassigned; why weren't the US Attys reassigned within DoJ to ensure the training and oversight issues were addressed?

- How do these manning/oversight trends compare with the other US Attys offices around the country: We seeing the same oversight issues; delays in prosecutions across the board; same training issues; how has the DOJ Staff in DC been tracking and discussing these internally with the DOJ AG since 2001?

- Why is the US Atty attempting to "coordinate" something he said didn't require a central staff of 17 dedicated attorneys?

- Are the 17 US Attys being reassigned to wear two hats: Their new hat in the new area; and retain their old hat in the corruption area?

- Will the 17 US Attys have two bosses: Their new boss in the currently assigned area; and the old boss they "coordinate" with on corruption issues?

Training

LAT Also reports DC-based DOJ personnel will conduct training in Los Angeles:

O'Brien said he was arranging for lawyers from the Justice Department in Washington to come to Los Angles and conduct training sessions on how to handle such specialized prosecutions.

- Is it the intent of the DC-based lawyers to conduct full training for all 17 lawyers; or will the lawyers provide training half-days?

- Will the Asst US Atty's in Los Angeles be expected to conduct official business for part of the day, then later attend dedicated training?

- Is it the intent of DOJ lawyers from DC to conduct formalized training; or one-on-one OJT type training for each of the 17 Asst US Atty's?

- Is there something inadequate about the Executive Office of US Atty's video training program?

- What is the modernization plan with the Executive Office of US Atty's to update these video/electronic training?

- Is the current electronic training available to the US Atty's staff not adequate; why will sending "trainers" from DC to LA address these training defects that all Asst US Attys nation wide would presumably suffer?

Physical Locations

Recall, the US Attys in Los Angeles are supposed "reassigned" to "other" offices.

- Will the 17 newly re-assigned attys have multiple bosses: One boss dedicated to the ethics/corruptoin issues; and the other boss the team-lead for the other existing team within the US Atty's office?

- How will the transition of these 17 US Attys to their new sections be related with the inputs from specific squads within the investigative branches in FBI, ATF, or DEA?

- Will the newly-transferred 17 US Attys be assigned to specific squads only within the US Atty's office in Los Angeles; or is intended that they'll develop specialized prosecution skills to assist specific investigatgive squads?

We would encourage TPMM and others to review the manning hours FBI, DEA, and ATF are dedicating to various terrorism-related cases; and review to what extent public corruption information is getting rebuffed long before the US Attys make their declination decision.

It appears the issue isn't that the public corruption cases are falling, but that the investigative arms of DOJ are swamped with data. We are concerned that this US Atty reorganization within Los Angeles says less about the quality of the US Attys prosecutions, and more about the apparent plan to assign US Attys to work more closely with investigative units.

- Is it the itnention of the US Atty's office in Los Angeles to use prosecutors as pseudo-Asst Special Agents in Charge, and conduct case management which should belong at the ASAC/SAC level?

- To what extent are cases taking long to prosecute because Asst US Attys are taking on workloads and managing detailed investigations, things which the ASACs should be fully doing?

- Are the prosecutions in not just Los Angeles, but nation wide falling because the investigative arms are spending more time on terrorism-related allegations, leaving the ASACs and SACs within FBI, ATF, and DEA with less time to adequately prepare case files before US Attys review?

- How much of the ASAC and SAC workload has been forwarded to the Asst US Attys; how much of the Asst US Attys functions were previously completed at the investigative/supervisory level within FBI, DEA, or ATF?

- How much evidence are investigative agents within FBI, ATF, and DEA rebuffing not because the informants do not have quality information, but because of standing DoJ policy to put more empasis on terror-related investigations?

- Does DOJ have an explanation why the public corruption cases and terrorism cases are both lagging: Since 9-11, we've not had a major string of prosecutions for terrorism?

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This is the TPMM thread referencing the mentioned LA Times article.

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Congressional: Other Non-Stated Factors

DoJ IG, DOJ OPR, and the Judiciary Staffs in both Houses are urged to follow these developments closely.

Opinions

We judge the timing of the disbandment has nothing to do with training, workloads, or any factors within the Asst US Atty's control in Los Angeles. Something else, outside Los Angeles is driving the decision to disband the unit.

We judge the unit's disbandment is similar to the US Atty firings both in significance, coordination, and larger objective, TBD. The timing and explanations smack more of a non-official objective less related to the DoJ organization objectives, than with litigation interests beyond the narrow lane of DoJ.

US Atty: Senate Confirmed, Can Be Subpoenaed Before Congress

Putting aside the issue of the US Atty firings and terrorism related workloads, we are concerned that even if the 17 "disbanded" attorneys are reassigned, there's insufficient visibility to ensure they do get the training the US Atty says they will be provided. We doubt the US Atty's statement. It seems contradictory to disband a unit, but then, after disbandment, request additional training on the very discipline which was disbanded. This defies reason.

US Atty Decision-Tree Demands DoJ Comment To Congress

If the US Atty were concerned about the quality of the products from the Asst US Attys, we would expect to see the reverse decisions; First conduct some training, then provide a review period; then third, make a decision to either adjust training (again), or disband the unit. This did not occur, and at best seems backwards, raising further questions warranting review and commentary.

- Why wasn't the training requested first, then monitor for a trial period; then make a decision about whether to adjust training, or disband the unit?

- Why the rush, without training, to disband now?

- Why is the US Atty disbanding a unit, but then "concerned" about its training?

- When will the US Atty certify that this training has been completed?

The fact that the training is "promised later" seems dubious. If it never occurs, what then? Rather, the key issue, absent this training, but combined with the sudden announcement, seems to be the reverse: There is no apparent intention of the US Atty to provide training, oversight, or assistance; and there is nothing missing within the US Atty skill set. Rather, most likely, the accelerated timeline -- disbanding the unit without conducting any training or provide a chance for improvement -- suggests the stated reasons for the disbandment are unreal.

Artificial Timeline

It is our view the disbandment is on an artificial timeline, rushed, and has not adequately given the Los Angeles staff sufficient time to adjust or remedy the asserted defects. As with the US Atty firings, we judge the "stated reasons" for the personnel changes and adjustments to be allegedly false, misleading, and related to a DOJ Staff decision in DC related to something else, TBD.

The DOJ AG's workflows and communications with the secretariat, as was done with the US Atty-firing emails should shet some light on the timing of this units' disbandment. We judge the US Atty's public statements and comments to the staff in Los Angeles to be allegedly misleading, dubious, and unreliable. These should be considered by DOJ OPR during the anticipated administrative review.

Alleged US Atty Threats Substantially Undermine Assurances

We remain perplexed why a "solution" would be couched in secrecy, and backed by threats. This smacks of a coercive environment which DoJ IG, DOJ OPR, and the Judiciary Committees need to promptly understand, especially in light of the ongoing e-mail issues in re US Atty firings.

The fact that the staff was surprised suggests they were not warned of any training concerns, nor part of any "get well plan" prior to disbandment. Again, this seems no different than the US Atty firings problems: Expedited timelines, dubious assertions.

US Atty Firing Implications

Does any of the information related to Lamm's firing have bearing on the specific issues at the hart of the Congressional Contempt citations against Bolten and Miers; and this units' disbandment?

It is our view, based on these developments: "Yes."

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Testing ..
Wish we could get you paid for your TPM work -better yet wish we could get those who are being paid by my hard won tax dollars to do their work so you & others like you would not have do this as a hobby for pro bono ..
Wish we had our own modern Senator Sam Ervin or Senator Frank Church more then any thing- if we just had that kind of oversight leadership again we would be so much better off...
Senator Feingold is one stalwart out of 100 , I am one dismayed & disgusted American...
Would but any part of this get jERRY Brown interested ?

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Al,

Thank you for your interest. Perhaps you are looking for some suggestions? If you feel strongly about this, I would encourage you to discuss your support with TPM's Josh Marshall. Perhaps he knows of others like you who would support a larger TPM staff. Also, you may wish to forward the information and links containing this information to your friends; and hit the "recommend" button. Perhaps you may wish to blog about this topic:

- Encouraging TPM, with enough support, interest and financing, to hire dedicated legal writers who focuse on legal issues;

- Highlighting your interest in getting State AG's involved and interested in overseeing alleged illegal activity in the states by US government officials.

Wish we could get you paid for your TPM work -better yet wish we could get those who are being paid by my hard won tax dollars to do their work so you & others like you would not have do this as a hobby for pro bono ..

This may have been partially addressed:

Would but any part of this get jERRY Brown interested ?

What's still unclear, and may be of interest to State AG Brown, are the links between California corporations and alleged US government war crimes planning, evidence destruction, or Geneva violations. There is a state interest in enforcing Geneva violations against state-level entities. This may be of interest.

Perhaps Brown needs a simple letter: There have been alleged US government war crimes and US Atty firings. Is he aware of any evidence linking California legal counsel, entities, corporations, or individuals with alleged US government war crimes, evidence destruction, or breaches of Geneva?

It only takes one person to start something. I encourage you to blog about this and encourage others to share their ideas with you.

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Al,

Does this address your interest in having state-level resources dedicated to reviewing this US Atty disbandment? If it does, perhaps you could take your many excellent questions you've posed on state-level investigations, and encourage others in your blog to discuss their reactions to this approach. How does this sound?

Perhaps you would like to establish a comment thread in your blog dedicated to this area you seem interested in:

- Your questions
- Ideas
- Suggestions/goals you may have
- Things you would like to see happen
- Ideas for TPM staffing coverage to address these legal issues
- Commentaries on various plans and approaches to address these issues/concerns


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The disbandment of this ethics office isn't the issue, it's a symptom of something larger. Here is a speculative view of these issues, touching on war crimes evidence and intimidation of US Attys.

The common element is the DOJ OLC and the Oval Office. The issue is alleged war crimes and frivolous legal memoranda by current and former US government legal counsel. Nuremberg is precedent for prosecuting as war criminals legal counsel for frivolous legal excuses to ignore or not enforce the laws of war; or remain complicit with efforts to destroy war crimes evidence.

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Correction to HTML error:

Here is a speculative view of these issues, touching on war crimes evidence and intimidation of US Attys

Correction: Here is a repost of the first link, which does not work.

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Al,

You asked about getting the State AG's involved and interested on these legal issues.

State AG Discussion Links on TPMM

A. Here is a proposed action plan.

B. That plan would appear to mesh with this legal authority in CA, for State AG Brown.

C. This is an outline of what the letter to State AG Brown might look like: [ snipurl.com/229uz ]

Is this what you had in mind?

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For what it is worth,here is a little local perspective. After a poor result at a local Medi-Spa (where people go for non-surgical cosmetic procedures) I complained to the doctor. Not only was he dismissive, he later said to the person that referred me "that he will not see me when I come crawling back". I found that reaction odd. Later I found out that the person who referred me was getting kick backs for referrals.

So I did an Internet search and it was not easy to find what I found. This doctor and 8 others were indicted by a Federal Grand Jury for health care fraud to the tune of 12 million - the largest case of this kind in Los Angeles.I also found out that Los Angeles is the number 2 city in the US for health care fraud - MIAMI being number 1. I also learned that Lamm was investigating a company owned by Tenet at the time she was saked - Tenet being the company on whose Board Jeb Bush sits.

I became curious to find out if the indictement ever led to a trial and this is where I came to a dead end - actually it was with the US Attorney's office in LA as they handled the case.

When I called I had good information - an indicted doctor was still practicing the criminal act of taking sizable kick backs. I received one call back, I was not avaliable at the time. Since then I have called back 30 times, written letters.No response. It appears that even with substantial evidence this case has not gone to trial and what these doctors were doing is pretty ugly - giving respiatory treatments to the elderly and mentally ill that were not needed so that they could bill medicare. You would think this case would have proceeded. Does that mean this unit was focused elsewhere? I don't know. I do know that the government is spending 160 million for a pilot program in Miami and Los Angeles for catching these kinds of cases - so to let this fall through the cracks smells funny to me.

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testing,
You have some excellent suggestions regarding my spare time - My spare time however is scarce-as I am in business for myself. I own & operate a one van ground transportation charter service here in Austin.
What I can do is offer my ad hoc questions on which investigative journalist should be delving into what questions. I also can put forth ideas that might further these questions being answered -such as maybe setting up some kind of monetary fund , non profit , maybe a 507 c that would raise money to support yours & others efforts .Or on second thought why not just use outfits already in business like Melanie Sloane over there at CREW.
It would appear to me that if you -testing -were to take what you apparently have already developed to CREW and say that you needed funds to further your excellent work - and could also bring donors to the effort - then CREW would hire you -and allow us to send CREW dollars to further to explore exactly how to get the State Attorney Brown actively involved in determining what is really behind the firings of all these USA's in LAX and elsewhere.Specific muckraking fundraisers for specific goals. If nothing else the political campaign's have proved we can raise big bucks on the internet .
This proposal should also be presented as a means to get targetd questions asked , investigated & ANSWERED- When we get the real poop on such wrong doing it will help us bring weight to demanding official actions-such as Senate oversight ..
PS ( A sidebar perhaps- but when Madam Speaker was in India last night did anyone ask her about the millions of iRAQI refugees in Syria and elsewhere and how was our illegal occupation of that country any differnt then the illegal occupation of Tibet ? ).


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Everyone is missing the simple explanation that also gives you the easy pathway to Congressional hearings.

The California company eToys went public in 1999 for $8 billion and was bankrupt March 2001 with NO INVESTIGATION.

My company and I received Court approval to protect the assets of eToys and maximize return to the Creditors. The reason they choose little ole me is "they" believed they could contain us.

When we began to ask questions about why the Court and US Trustee gave its blessing to the ILLEGAL Destruction of Books n Records, they offered us a bribe by the MNAT and TBF law firms and their cohorts.

That led to the Dept of Justice removing the Region 3 Trustee (Roberat DeAngelis), then a DOJ attorney gave implied blanket immunity to fraud and perjury.

The Dept of Justice Director resigned when we found another $100 million in cash fraud in another case. Also Debra Yang resigned from the Pres Bush Fraud and Corruption Task Force.

We contacted the FBI, OGE, OPR, ORO, OIG, Public Integrity Section, US Marshall's and more.

All referred us to the Delaware US Attorney and the Dept of Justice General Counsel in Washington DC.

Problem is the Acting General Counsel in Washington DC is Roberta DeAngelis, who was speciously and quietly promoted to that post after the Resignation of Dept of Justice Director Friedman (you will find no DOJ UST press release about DeAngelis promotion, proof in and of itself that something was up)

Also, the US Attorney in Delaware is now Nominated to be a Federal Judge. Colm F Connolly's resume is now online at the Dept of Justice website where you can see that he was a partner with the MNAT law firm in 2001, he has refused to investigate or prosecute his former partners.

We reported this to US Attorney Tom O'Brien and he responded by disbanding the Public Corruption Unit as he threatened his staff to remain closed mouth about reasons why the dismantling occurred.

If they are asked any official questions about this case, they Cannot answer.

They will either resign or be promoted off the case.

Stand up and fight for your American Way of Life
OR
LET IT GO!

http://fraud-corruption-mnat.townhall.com/default.aspx

They have threatened to like me up for practicing law without a license.

TBF law firm was revoked by the STate of NY for years. Eliot Spitzer just promoted the Judge off of the NY Supreme Court case 601805/2002 ebc 1 v Goldman Sachs (eToys v Goldman Sachs) after the Judge began to question TBF law firm about its false statements.

They, the nefarious horde, thrives in your apathy and willful blindness, they need the facts to be silenced.

Americans need the Truth to be seen and heard!

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We are here shouting and waving our arms, the Wolves are coming and everyone is turning the other way in search of a bigger wolf! @&%($(

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