by Dave Blount | October 20, 2014 3:45 pm
Among the most appalling examples of the corruption and abuse of power that now prevail at what once was known as the Justice Department is a case you may not have heard of, because the mainstream media is still carrying Obama’s water by ignoring whatever it can get away with ignoring. The New York Observer is among the very few publications to acknowledge fraudulent litigation brought by the Injustice Department against a lumber company accused of starting a wildfire in California…
In what was dubbed the “Moonlight Fire” case, the tables are now turned. The defendants have discovered new evidence and filed a stunning motion. The new evidence and disclosures are being taken seriously by the Chief Judge of the Eastern District of California—as they should be. In a shocking action, Judge Morrison C. England Jr. ordered the recusal of every federal judge in the Eastern District of California.
Sierra Pacific Industries and other defendants were compelled to pay $55 million to the United States over a period of five years and transfer 22,500 acres of land to settle massive litigation brought against them by the United States alleging that they caused a 2007 fire that destroyed 65,000 acres in California. Sierra Pacific has always maintained that the fire started elsewhere and that the state and federal investigators and Department attorneys lied.
Fortunately it looks like enough residual rule of law has survived Hope & Change that this strong-arm robbery will fail.
Judge England, Chief Judge of the United States District Court for the Eastern District of California, ordered the recusal of all the Eastern District judges from the case because of serious allegations that the Court itself was defrauded by the government in the original prosecution. To avoid any appearance of partiality, he has referred the case to Ninth Circuit Chief Judge Alex Kozinski to appoint a judge from outside the Eastern District to handle the case going forward. Judge Kozinski has excoriated prosecutors for failing to meet their legal and ethical obligations.
The Department of Social Justice stands accused of presenting false evidence, tampering with witnesses, and failing to disclose the lead investigator’s direct financial interest in the case.
The unethical conduct occurred not just with the approval but at the insistence of those higher up the ladder of a department that has become thoroughly debased under Obama’s rule.
The Sacramento Bee reported on the Defendant’s filing. Indeed, the Defendants’ motion informs us that a former Assistant United States Attorney came forward and disclosed that he believes that he was removed from the original prosecution by “his boss, David Shelledy, chief of the civil division in the United States Attorney’s office,” because he “rebuffed” pressure to “engage in unethical conduct as a lawyer.” Of course, like other former prosecutors who were unethical, Mr. Shelledy is to receive Attorney General Holder’s highest award for excellence—[last] week.
No doubt Shelledy’s apparent thuggery is justified by historical injustice. Or whatever.
The defendants also reveal that another former federal prosecutor, Eric Overby, left the Moonlight Fire prosecution team also, stating: “It’s called the Department of Justice. It’s not called the Department of Revenue.” According to the motion, Mr. Overby told defense counsel that in his entire career, “I’ve never seen anything like this. Never.”
The Observer has:
This is part of a disturbing and rapidly increasing pattern of abuses by this Department of Justice to line government coffers or redistribute the wealth to its political allies—using its overwhelming litigation might and federal agencies as a tool of extortion and wealth redistribution.
Obama’s promised “fundamental transformation” is a looting spree that will last until America collapses into a dysfunctional Third World hellhole, or until the system has been scoured clean of progressives and their greedy, corrupt, coercion-based ideology.
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