DOJ Lawyers Forced to Undergo Remedial Ethics Training

Judge Rips DOJ Lawyers for “Series of Misrepresentations,” Orders Ethics Training

 

By Derek Gilna

 

            In only the most recent instance of gross misconduct on the part of U.S. Department of Justice attorneys, but one that is noteworthy for the fact that it was actually punished severely, a Texas federal district court judge has blasted DOJ lawyers who he found deliberately misled him. Andrew S. Hanen, a judge of the Southern District at Brownsville, has ruled that these attorneys lied regarding the implementation of President Obama’s executive order to the Department of Homeland Security (DHS) known as the Deferred Action for Childhood Arrivals (DACA).  The action was before him on a consolidated lawsuit challenging that order filed by 26 state attorney generals.

               Hanen said in his opinion filed May 19, 2016, that the “unseemly and unprofessional conduct of these lawyers concealed the fact that Obama’s order was already being implemented when they already had knowledge that this was not the case.”

           Sfice it to say the Government’s attorneys effectively misled the Plaintiff States into foregoing a request for a temporary restraining order or an earlier injunction hearing. Further, these misrepresentations may have caused more damage in the intervening time period and may cause additional damage in the future. Counsel’s misrepresentations also misdirected the Court as to the timeline involved in the implementation of the 2014 DHS Directive, which included the amendments to the Deferred Action for Childhood Arrivals (“DACA”) program.suffice it to say the Government’s attorneys effectively misled the Plaintiff States into foregoing a request for a temporary restraining order or an earlier injunction hearing. Further, these misrepresentations may have caused more damage in the intervening time period and may cause additional damage in the future. Counsel’s misrepresentations also misdirected the Court as to the timeline involved in the implementation of the 2014 DHS Directive, which included the amendments to the Deferred Action for Childhood Arrivals (“DACA”) program.suffice it to say the Government’s attorneys effectively misled the Plaintiff States into foregoing a request for a temporary restraining order or an earlier injunction hearing. Further, these misrepresentations may have caused more damage in the intervening time period and may cause additional damage in the future. Counsel’s misrepresentations also misdirected the Court as to the timeline involved in the implementation of the 2014 DHS Directive, which included the amendments to the Deferred Action for Childhood Arrivals (“DACA”) program.uffice it to say,” he wrote, “ the Government’s attorneys effectively misled the Plaintiff States into foregoing a request for a temporary restraining order or an earlier injunction hearing…Opposing counsel and this Court were assured that no action would be taken implementing the 2014 DHS Directive until February 18,… despite the fact that in actuality the DHS had already granted or renewed over 100,000 modified DACA applications using the 2014 DHS Directive.”

            What bothered Judge Hanen the most was that, “Justice Department lawyers knew the true facts and misrepresented those facts to the …the 26 Plaintiff States, their lawyers and this Court on multiple occasions.”  He flatly rejected DOJ’s assertion that, “the reason its lawyers were not candid with the Court was that they either ‘lost focus on the fact’ or that somehow ‘the fact receded in memory or awareness.’”

            Sadly, the judge added, “there seems to be a lack of knowledge about or adherence to the duties of professional responsibility in the halls of the Justice Department… The Justice Department purports to represent all Americans—not

just those who are in favor of whatever actions the Department is seeking to prosecute or defend. The end result never justifies misconduct.” As a final sanction, he barred Justice Department lawyers from appearing in any state or federal court in the 26 states that challenged DACA until they complete a legal ethics court, and revoked the right of out of the state DOJ lawyers in Texas who engaged in the aforementioned misconduct.

 

Bureau of Prisons Medical Care?

Death by Indifference-Surviving BOP Medical Care

 

                        Remember the name Robert Gerald Knott.  He was a severely mentally-ill prisoner at the BOP Supermax at Florence, Colorado, who committed suicide on September 13, 2013.  His estate recently received a settlement of $175, 000 two weeks after suit was filed alleging violation of the Federal Tort Claims Act. Two weeks.

            Knott was only the most recent of extreme examples of the broken BOP medical system.  Although the Veteran’s Administration medical system has gotten most of the bad publicity in recent years, those who are familiar with both systems say that the BOP’s is much worse.

            There is a reason for that.  The BOP, like many government agencies, positively hates ANY publicity regarding its procedures, because the more you know, the more there is to dislike.  The BOP has many problems, and like all government agencies with problems, does its best to conceal them. They have trouble hiring competent staff.  That staff doesn’t understand proper medical procedures.  Even when you are belatedly taken to the free world for competent medical help, there is no follow-up at the institution, and you are often denied the specific medication that would help you.

            Members of Congress, although generally careful to avoid slamming the agency, to avoid any blow-back that might show that Congress has been remiss in carrying out its sworn duties to properly manage those governmental bodies that it funds, (and in the case of the BOP, funds generously). However, even Congress is privately disgusted, and that disgust is shared by the US Sentencing Commission, who just inserted themselves into the Compassionate Release procedure, citing BOP inaction (read, “incompetence.”)

            How do you survive this harrowing process?  Document everything, file BP’s, email confirmation of promised treatment, tell anyone who cares to listen what is going on.  Consider filing a Federal Tort Claims Act, or a 1983 federal Civil Rights suit after the BP process is exhausted.  At the very least, you will not be passively waiting for medical treatment which will probably never come, or if it does come, will come too late.

            As to Robert Gerald Knott, after he was discovered, unresponsive, in his solitary confinement-cell, per BOP policy he was cuffed and shackled on his way to the morgue.