Obama's War On Whistleblowers

[friendly_iconoclast]

Jesselyn Radack, who was ousted from the Justice Department for providing legal advice they didn't want to hear, describes further harassment

[TomClash]

1. She resigned from Justice before Obama was elected President nt

[friendly_iconoclast]

2. She's still getting harassed. From the Washington Post:

http://voices.washingtonpost.com/spy-talk/2010/05/dc_bar_still_pursuing_doj_leak.html

D.C. Bar still pursuing DOJ leaker after seven years

...Radack, a Yale Law School graduate who was selected for the Attorney General Honors Program in 1995, received a sharply negative job performance evaluation and was forced out of the department in 2002. When she later heard Attorney General John Ashcroft and other Justice Department officials offering misleading statements about their handling of the Lindh case, she leaked copies of internal e-mails contradicting their accounts to Newsweek reporter Michael Isikoff.

In retaliation, the Justice Department asked the D.C and Maryland bar associations to sanction Radack.

Seven years later, the D.C. Bar is continuing to investigate the matter, even though the Maryland Bar dropped it in 2005.

The details of the allegations against Radack, now 39, remain classified...

[TomClash]

5. I doubt the WH is calling the DC Bar about it

There are other reasons to criticize Obama, but this isn't one of them.

[RC]

4. Has Obama done anything to clear out the bu$h appointees and lackeys they hired?

I don't think Obama did much to unstack the deck in the Justice Dept. It is still pretty much as bu$h left it, with the exception of the appointment of Eric Holder.
Or is this another case of the Republicans not letting him do anything?

[JDPriestly]

3. Thank you, Jesselyn Radack

You are honest and ethical. You deserve the best.

The American Bar Association:

[5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.

(In my opinion, Jesselyn was upholding legal process when she blew the whistle on her supervisors who refused fully to cooperate in the court's discovery process.)
. . .

Rule 3.3 Candor Toward the Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

[Comment][Pre-2002 version][State Narratives]

http://www.law.cornell.edu/ethics/aba/current/ABA_CODE.HTM