Post by @heidilifeldman@mastodon.social

@heidilifeldman@mastodon.social · 2 hours ago

I don’t have time to detail the unbelievable level of prosecutorial misconduct that has come out about the “Broadview 6”. So far, I haven’t seen a news report that captures the breadth and seriousness of the DoJ transgressions. But important for everybody to have some feel for the situation. Here’s one news report to set the stage. I give some explanation in this thread. https://evanstonnow.com/feds-to-dismiss-broadview-six-case-in-full/ #Lawfedi 1/

#lawfedi

matthew green

@mrgtwentythree@mastodon.sdf.org · 1 hour ago

@heidilifeldman i read today's transcript and oh, wow. even for 2026 it's pretty special...

JINGLE BACALL

@noondlyt@hellions.cloud · 1 hour ago

@heidilifeldman

This should make people exceedingly angry.

𝐉𝐨𝐧 𝐁𝐞𝐫𝐠𝐞𝐫

@jonberger@sfba.social · 2 hours ago

@heidilifeldman Ken White has gone into it pretty thoroughly, too.

https://skywriter.blue/@kenwhite.bsky.social/3mmfnxwokec2v

Heidi Li Feldman

@heidilifeldman@mastodon.social · 2 hours ago

In short: DoJ prosecutors behaved outrageously unethically in grand jury proceedings. Their boss tried to salvage the situation by dropping some charges. Then, on the eve trial scale of original wrongdoing started to become apparent. Judge agreed to look into the matter further and discovered the DoJ prosecutors had brazenly lied to her. 2/

Heidi Li Feldman

@heidilifeldman@mastodon.social · 2 hours ago

Judge made it clear she anticipates sanctioning various DoJ attorneys. U.S. attorney raced to her court to argue he knew nothing about the prosecutorial wrongdoing early on and to suggest that what sure seems like obviously intentional misconduct was just “I.T.” problems. 3/

Heidi Li Feldman

@heidilifeldman@mastodon.social · 2 hours ago

At the same time, the U.S. attorney dismissed, for good, the case against the Broadview 6. He obviously knew the prosecutorial misconduct might well get the case dismissed by the judge anyway. Also, he seems to be trying to cut off further investigation and exposure of the misconduct, though that is likely to happen anyway. He’s definitely freaking out about the sanctions that may well be imposed on many in his office, and maybe him. 4/

Heidi Li Feldman

@heidilifeldman@mastodon.social · 2 hours ago

These passages from a transcript of the hearing where this all went down convey the judge’s distress and shock at the DoJ prosecutors’ misconduct in the grand jury and then their effort to cover it up and hide it from her. 5/5

3 media

Although I am not going to prejudge the issue without
a hearing, I will say that I was incredibly shocked by the
redactions that were made. I have read hundreds, if not
thousands, of grand jury transcripts involving prosecutors who
are the most junior of prosecutors to several U.S. Attorneys
who appeared before the grand jury. I have never seen the
types of prosecutorial behavior before a grand jury that I saw
in those transcripts.
At a high-level summary for the defendants, who do
not have the benefit of having seen the transcripts yet,
several potential issues jumped out at me immediately and
glaringly.
First, improper prosecutorial vouching to the grand
jurors, with the AUSA putting her personal credibility and
trustworthiness on the line in support of the charges. — Although I am not going to prejudge the issue without a hearing, I will say that I was incredibly shocked by the redactions that were made. I have read hundreds, if not thousands, of grand jury transcripts involving prosecutors who are the most junior of prosecutors to several U.S. Attorneys who appeared before the grand jury. I have never seen the types of prosecutorial behavior before a grand jury that I saw in those transcripts. At a high-level summary for the defendants, who do not have the benefit of having seen the transcripts yet, several potential issues jumped out at me immediately and glaringly. First, improper prosecutorial vouching to the grand jurors, with the AUSA putting her personal credibility and trustworthiness on the line in support of the charges.

Second, improper prosecutorial communications of a
substantive nature with the grand jurors outside of the grand
jury room.
And, third, the prosecutor excusing grand jurors who
disagreed with the government's case from the deliberations
process.
Which brings me to problem Number 4, which is the
fact that all of this was redacted out of the versions of the
transcripts that I got. And frankly, it is that that I find
the most problematic. Mistakes happen. They happen to all of
us. But as I tell my children, you own it. You admit to it.
You apologize for it, and you move on. What you do not do is
hide it.
I relied on all of you and your personal
representations in this case about what has been issued in
discovery, about the types of searches you have done for — Second, improper prosecutorial communications of a substantive nature with the grand jurors outside of the grand jury room. And, third, the prosecutor excusing grand jurors who disagreed with the government's case from the deliberations process. Which brings me to problem Number 4, which is the fact that all of this was redacted out of the versions of the transcripts that I got. And frankly, it is that that I find the most problematic. Mistakes happen. They happen to all of us. But as I tell my children, you own it. You admit to it. You apologize for it, and you move on. What you do not do is hide it. I relied on all of you and your personal representations in this case about what has been issued in discovery, about the types of searches you have done for

You apologize for it, and you move on. What you do not do is
hide it.
I relied on all of you and your personal
representations in this case about what has been issued in
discovery, about the types of searches you have done for
exculpatory material, about what arguments you will and will
not make in this case. And I do that because, first of all, I
treat every attorney who appears before me as an officer of
the court. But secondly, because I put even more reliance on
Department of Justice attorneys. Your sole goal is to do
justice.
Your client is justice itself.
I do believe deeply in the presumption of regularity
and that most government attorneys are doing the best they can
to do the right thing. That trust has been broken. — You apologize for it, and you move on. What you do not do is hide it. I relied on all of you and your personal representations in this case about what has been issued in discovery, about the types of searches you have done for exculpatory material, about what arguments you will and will not make in this case. And I do that because, first of all, I treat every attorney who appears before me as an officer of the court. But secondly, because I put even more reliance on Department of Justice attorneys. Your sole goal is to do justice. Your client is justice itself. I do believe deeply in the presumption of regularity and that most government attorneys are doing the best they can to do the right thing. That trust has been broken.

Home Login