DOJ wants testimony banned after prosecutor turns whistleblower on fire case

◼ Federal prosecutors are trying to keep a Department of Justice whistleblower’s testimony out of court and disqualify every defense attorney who helped collect it in a landmark wildfire case that has sparked allegations of official evidence tampering and government corruption. - Washington Examiner

The Nov. 24 move came barely a month after the U.S. District Court for the Eastern District of California’s chief judge issued an ultimately unsuccessful order recusing all eight federal judges in the district from the case due to doubts about the potential “impartiality” of the court, given allegations that it was the victim of fraud.

...Prosecutors at the U.S. Attorney’s Office for the Eastern District of California led a civil case against Sierra Pacific, a major timber company, for its alleged role in causing the 2007 Moonlight Fire.

The company settled litigation against it by agreeing to a settlement in which it paid $122 million in 2012. It was the largest such award in U.S. history.

But after a state court threw the same case out and sanctioned the state fire unit for providing “evasive” and “dishonest” testimony and suppressing evidence that could have proved Sierra Pacific did not start the fire, the company's defense attorneys took the case back to federal court.

Sierra Pacific’s defense asked a federal judge in October 2014 if the company should still have to forfeit $122 million, given revelations of what they alleged was a “corrupt and tainted prosecution.” A major component of their argument was the testimony of Robert Wright, the former lead prosecutor on the case.

Weeks later, members of the DOJ office where Wright once worked filed a motion demanding the court disqualify both the defense team and Wright’s testimony on the grounds that Wright breached his attorney-client privilege with the U.S. government when he allegedly blew the whistle to Sierra Pacific’s attorneys....

“This case could turn out to be a huge embarrassment for the government,” he said. “It’s so unusual it’s hard to say what it will represent.”

EARLIER:
◼ What is it with the Obama administration and lumber-based businesses? - ED DRISCOLL/PJM

◼ Fed Up With Govt Misconduct, Federal Judge Takes Nuclear Option - Federal Prosecutor Alleges Boss Pressured Him To Engage in 'Unethical Conduct'; Judge Calls Abuses 'Egregious,' 'Pervasive,” and “Reprehensible” - New York Observer

In perhaps the most stunning documentation yet of abuses by Eric Holder’s Justice Department, two former Assistant United States Attorneys spoke to defense attorneys and revealed appalling deceit and corruption of justice. This latest litigation time bomb has exploded from multi-million dollar litigation originally brought by the Department of Justice against Sierra Pacific based on allegations that the lumber company and related defendants were responsible for a wildfire that destroyed 65,000 acres 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.... KEEP READING

◼ The news about the shakedown of Sierra Pacific comes on the heels of this report from a year ago on Lumber Liquidators being raided... - IBD