Judge Refers Prosecutors For Possible DOJ Investigation In Rebuke Over Botched Case

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The Justice Department may begin to look into a botched New York City prosecution following a referral from the judge in the matter.

"Had prosecutors disclosed the true facts, the court recognized that the trial might have been avoided altogether," said lawyers Reid Weingarten and Brian Heberlig.Now, it's the government team that's under scrutiny. A spokesman for the U.S. attorney's office confirmed that all the prosecutors in the office received Nathan's ruling via email. They are required to certify they have read the 42-page decision by Monday.

The entire case started with the Manhattan District Attorney, who subpoenaed Sadr's emails as part of a state-led probe. Later, the D.A.'s office passed them to the FBI.Federal agents then apparently used the messages to interview crucial witnesses in their investigation, and federal prosecutors ultimately pursued the case. The judge said that likely amounted to a violation of the law since the government went beyond the bounds of the language in the warrants.

Specifically, one key email message described how one of the prosecutors found out mid-trial that an important document hadn't been turned over to the defense, suggesting:"I'm wondering if we should wait until tomorrow and bury it in some other documents." Nathan identified 14 lawyers who cycled in and out of the case, breakdowns in communication between attorneys and FBI agents, and insufficient or shoddy supervision.

 

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