Ex-prosecutor sees 'serious threat to our freedom'

[NNN0LHI]

http://www.chicagotribune.com/news/opinion/chi-0704020386apr03,1,6622402.story?coll=chi-opinionfront-hed

Prosecutors without politics

By Ronald S. Safer
Published April 3, 2007

Many people have breathlessly ridiculed the rating by Alberto Gonzales' office of Patrick Fitzgerald, Chicago's U.S. attorney, as a "mediocre" prosecutor. Those people are not wrong -- more on that later. But what is lost in the stampede to praise Fitzgerald is the recognition of why the stories concerning the firing of eight U.S. attorneys merits continued front-page coverage. It has to do with power and politics.

There may be no public office in the United States that can change the course of a person's life as dramatically or swiftly as that of a prosecutor. A person can be sitting at his desk or on his sofa one day, and the next be visited by government agents who whisk him away to jail without notice. His life will be shattered beyond repair. He will lose his job, his life's savings and, in most cases, his freedom and perhaps even his family.

An unspoken, but widely acknowledged, truth is that the prosecutor's power to take away everything precious in someone's life is virtually unchecked. While a prosecutor might not be able to persuade a grand jury to indict the proverbial ham sandwich -- as the common saw goes -- I am certain it would indict the maker of that sandwich for using mayonnaise not mustard, if the prosecutor is zealous enough. "No bills," where a grand jury declines to honor a prosecutor's request to indict, are as rare as Cubs World Series appearances. Once an indictment is issued, the court system provides little more of a check or balance. The courtroom tilts heavily toward the government's side. snip

It is a serious threat to our freedom and justice system.

It is worthy of front-page coverage.

It is worthy of everyone's attention.

It is worthy of our loud and vocal condemnation.


Ronald S. Safer is a former federal prosecutor now in private practice in Chicago. He is representing one defendant in the federal trial of businessman Conrad Black and several of his associates.

[Benhurst]

1. Recommended #1

[IChing]

2. Recommended #3

[annabanana]

3. Why do so few people seem to understand this?

I've had some small success couching in the most local of terms.

If you caught a burgler running off with your stuff and you called the police, do you want them to ask if you're a Republican or a Democrat before deciding whether or not to send a patrol car?

[Supersedeas]

4. b/c the GOP/Media Establishment is derelict in their duty to the public

[meldroc]

5. K&R

Considering that we already have the FBI snooping on anti-war protesters, and the NSA monitoring everyone's phone calls and Internet traffic, giving the power to ruin lives - the power of a U.S. Attorney to political hacks is extremely dangerous.

What would you say if Karl Rove himself, or Dick Cheney had one of these positions, and decided he was going to prosecute YOU for say conspiracy to aid terrorism (say you're a war protester.) Would you trust him to be fair? Would you trust him to follow the rules of ethics in the courtroom? Or would you find it more likely that he'll railroad your ass to eight consecutive life sentences just because you're not towing the party line?

This is very scary.

[EC]

13. Worse than that,

as it stands now, Karl Rove could have Bushie pronounce you a terrorist or terrorist sympathizer and have you "disappeared to Gitmo" without any due process, you couldn't even tell your family and they won't say if you've been arrested or anything because it will be "classified". No Habeas corpus, which by the way is why many foreigners will not come here to visit or vacation, they do not want to automatically give up their rights...

[ProfessorPlum]

6. I think we've all seen the same threat

Do we want our federal government to be run like the mafia? No.

[NNN0LHI]

7. And that goes for either political party as far as I am concerned too

It makes no difference what a politicians political affiliation is if they have been corrupted. They are both equally as much of a threat to our system.

Don

[DCKit]

8. Bill Clinton's $80 Million blow job?

Yeah, they'll do it.

[lonestarnot]

9. Rec 22 LOL

[LibertyorDeath]

10. Conrad Black

Conrad Black is a disgusting fascist pig
I hope Fitzgerald nails his pompous arrogant ass to the wall....

[Joe Chi Minh]

11. The 14-year old African American school-girl jailed for 7 years for PUSHING

a monitor schoolmate in the corridor. I wonder if there was MALICE AFORETHOUGHT! Perhaps she got off lightly, eh?

[Joe Chi Minh]

12. Deleted repetition.

[Spazito]

14. Good article, thanks for posting it!

I do have to smile, though, at this:

"He found that person in Patrick Fitzgerald, who has proven to be impervious to political influence. He leads an office that prosecutes those from both political parties who have abused their power. He is a vigorous and zealous prosecutor. I do not agree with all of the prosecutive decisions his office has made. I believe he has overreached, at times, and has erred on the side of zeal over empathy. That may be appropriate for the top of the pyramids of power; it is not at the bottom of those pyramids."

Given that Mr. Safer is currently representing one of those who, I suspect, he sees as someone "at the bottom of those pyramids" wrt to Conrad Black and his associates trial, it seems to me he greatly respects Patrick Fitzgerald but would respect him even a bit more were he NOT prosecuting his client, lol.

[NNN0LHI]

15. I think you have analyzed the situation real well n/t

[Spazito]

16. The author is my idea of a good attorney

He managed to lay out the facts and implications of the attorney firing issue, address the ludicrous rating given Fitzgerald ie mediocre while protecting his client's case. Very well done on his part, imo.