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The Sham Complaint Process
of the Justice Department's Office of Professional Responsibility

  click here for website of
U.S. Justice Department's Office of Professional Responsibility

28 CFR Subpart G-2 - Office of Professional Responsibility

U.S. Attorney Manual -- 1-4.000 "Standards of Conduct"


Featuring as EXHIBIT A --

CJA's March 23, 2001 Complaint of Professional Misconduct, filed with the U.S. Justice Department's Office of Professional Responsibility "...against Loretta E. Lynch, U.S. Attorney for the Eastern District of New York and the following attorneys under her supervision: (a) Andrew Weissmann, Chief of the Criminal Division; (b) Timothy A. Macht, Assistant U.S. Attorney; and (c) Alan Vinegrad, Chief Assistant U.S. Attorney"

                                 -- click here for evidentiary record underlying complaint againt:
                                        U.S. Attorney Lynch   
U.S. Attorney Mary Jo White    

CJA's March 23, 2001 letter to U.S. Attorney Loretta Lynch --
"Complaint of professional misconduct against you and staff, filed with the Justice Department's Office of Professional Responsibility"
      

May 3, 2001 letter from U.S. Justice Department's Office of Professional Responsibility -- dumping March 23, 2001 complaint as "unsupported by any evidence and without merit"   

 click here for:
CJA's Freedom of Information Act requests
"for a copy of the rules and regulations that the Attorney General was required to promulgate for 'Disqualification of officers and employees of the Department of Justice', pursuant to 28 USC 528... [and]..records and/or information pertaining to the jurisdiction of Public Integrity Section and US Attorneys to investigate & prosecute state governmental corruption which, because it involves high-ranking and powerful state officials and state agencies, is not investigated and prosecuted on the state level."

 

*     *     *

"Hundreds of Justice Department Attorneys Violated Professional Rules, Laws, or Ethical Standards -- Administration Won't Name Offending Prosecutors",
Project on Government Oversight, March 12, 2014 

 

Justice Department's Office of Inspector General's November 10, 2014 memo:
"Top Management and Performance Challenges
Facing the Department of Justice - 2014"

"6.  Upholding the Highest Standards of Integrity and Public Service

...The Department continues to face challenges regarding its handling of allegations of misconduct by Department attorneys.  The Office of Professional Responsibility (OPR) has jurisdiction, by statute, to investigate allegations of misconduct against Department attorneys acting in their capacity as lawyers.  The OIG has long questioned the carving out of this exclusive role for OPR as it is managed as a component of the Department, has no institutional independence, and lacks transparency in that it does not regularly release its reports and conclusions to the public.  The independent, non-partisan Project on Government Oversight (POGO) issued a March 2014 report that was critical of OPR’s longstanding lack of transparency and recommended empowering the OIG to investigate misconduct by Department attorneys.  The OIG’s strong record of transparency is vital to ensuring the Department’s accountability and enhancing the public’s confidence in the Department’s operations.  Although a federal regulation, 28 C.F.R. 0.29e(a)(6), authorizes the OIG to request that the Deputy Attorney General assign to us a matter within the investigative jurisdiction of OPR, this procedure leaves the decision entirely to the Department leadership and, in any event, requiring the OIG to seek the Department’s permission before undertaking an investigation compromises our independence.  For these reasons, we continue to believe that Congress should eliminate this carve-out from the OIG’s jurisdiction and support S.2127, bipartisan legislation that would amend the Inspector General Act to enable the OIG to investigate allegations of attorney misconduct.

The Department is expected to uphold the highest levels of integrity to maintain the public’s trust.  To meet this challenge, the Department must continue to encourage its employees to report what they reasonably believe to be evidence of wrongdoing, take steps to promptly address deficiencies, and ensure that oversight of its operations promotes the fair and impartial administration of justice."

"DOJ Watchdog Wants Greater Attorney Ethics Oversight",
Legal Times, November 18, 2014 (Zoe Tillman)

"More on Prosecutorial Misconduct",
November 18, 2014, Truth & Justice Blog
Law Office of Brenda Grantland

Government Accountability Office  
December 11, 2014 Report

"PROFESSIONAL MISCONDUCT:
DOJ Could Strengthen Procedures for Disciplining Its Attorneys"

p. 18: “According to OPR’s Annual Report for fiscal year 2013, OPR’s review of complaints eliminated approximately 85 percent (693 of 819) of complaints for that fiscal year.fn31

fn 31: "GAO did not assess DOJ's use of professional judgment
in determining which complaints to reject from further review."

*     *     *

Inspector General Empowerment Act of 2014 --
died by inaction in Senate Judiciary Committee

*     *     *

 

Senate Judiciary Committee January 28, 2015 Confirmation Hearing:
C-Span Video (Part 3) -- at 2:20

Senator Tillis:  “My final question, Ms. Lynch, is really around the philosophy that you may bring to the Department of Justice.   In December 2014 the Government Accountability Office issued a report that was titled 'Professional Misconduct: DOJ Could Strengthen Procedures for Disciplining Its Attorneys'. There were a couple of example, going back to even, I think the handling of New Orleans police officers related to the Katrina, the Hurricane Katrina, where either misconduct or they had perjured themselves.  Would you agree with me that the Department of Justice employees who would engage in this sort of activity, either through prosecutorial misconduct or through perjuring themselves in court, are they the kind of personnel that you would allow to continue to be employed in the DOJ? 

U.S. Attorney Lynch:  “Certainly, Senator, with respect to personnel issues, I take very seriously the integrity of every member of my staff.  And if confirmed as Attorney General, would also take very seriously the professionalism of the members of all the staff of the Department of Justice, all of whom I have found to have been a privilege and a pleasure to work with and to be dedicated career professionals and dedicated to not only to just improving their skills, but the highest professional conduct. When they cross a line, they are dealt with, and that will continue to happen should I be confirmed as Attorney General.  But I will say that, with respect to the staff and the attorneys at the Department of Justice, they are some of the most effective and professional individuals that I have had the pleasure to be affiliated with. 

Senator Tillis:  Well should you be confirmed, since this report was just dated last month, I hope it is something you would take into account as you go into the organization and look at the resources that you have inherited responsibility for.  Thank you.

U.S. Attorney Lynch:  Yes. 

*     *     *

FURTHER REALITY CHECK

Throughout this period of wilful and deliberate inaction by U.S. Attorney Lynch with respect to CJA's complaints presenting her with a mountain of hard evidence of "pattern and practice" civil rights violations by New York's judiciary and its monitor, the Commission on Judicial Conduct, she is engaged in "pattern and practice" investigation of New York Police Department for civil rights violations -- including the inadequacy of its monitor for police misconduct complaints --

"AG nominee Loretta Lynch played hardball with NYPD monitors, letters show",
Newsday, January 24, 2015 (Tom Brune)

 

*     *     *

Who Are They?  Where Are They?

Andrew Weissmann --
Loretta Lynch's Deputy Chief of Criminal Division;
promoted to Chief in June 2000

"Andrew Weissmann, Veteran of Enron Task Force,
Will Lead Justice Department Corporate Crimes Department
",
Main Justice, January 9, 2015 (Josh Kovensky)

"Possible AG Pick Has 'License to Lie'",
November 21, 2014, WND (John Stossel)

"Longtime Federal Attorney: Eric Holder Protects Corrupt Prosecutors"
June 19, 2014, NY Observer/Sidney Powell

"Andrew Weissmann Quietly Slipped from FBI to NYU"
January 27, 2014, Seeking Justice

"DOJ Defends FBI Deputy Director Andrew Weissmann against Serious Ethics Charges",
April 26, 2013, Seeking Justice/William Hodes

July 31, 2012 misconduct complaint vs Andrew Weissmann,
filed by William Hodes & Sidney Powell with First Departmental Disciplinary Committee/NY

Alan Vinegrad --
Loretta Lynch's Chief Assistant U.S. Attorney (until May 2001);
interim U.S. Attorney/EDNY  (May 2001-  )

Jason Brown --
Loretta Lynch's Chief of Criminal Division (until June 2000) 

Candice M. Will --
Justice Department/Office of Professional Responsibility

 

 

 

 

 

 

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