By Robert Simels
Originally published in amNewYork on
Read the full commentary on amNewYork
Robert Simels draws on his time as a prosecutor with the New York State Special Prosecutor's Office and later as a defense attorney to describe how much power prosecutors hold. He recalls that as a prosecutor he was called zealous, but once he switched sides, prosecutors began questioning his ethics even though his conduct had not changed.
He builds on Justice Robert H. Jackson's 1940 warning that the prosecutor has more control over life, liberty and reputation than any other person in America. Simels lists advantages that only prosecutors enjoy: they can pay witnesses or offer them a new life in witness protection without being charged with bribery, they can rehearse witnesses for hours, and they can signal to cooperators what testimony earns the best deal. If a defense lawyer did any of these things, he writes, prosecutors would call it bribery or subornation of perjury. He adds that judges rarely look closely when the defense claims a prosecutor is hiding a deal with a witness.
Simels argues that today's Justice Department has pushed this power further. He points to warnings that lawyers who decline to defend the administration's positions could be fired, the departure of hundreds of career prosecutors, the Deputy Attorney General's statement that the government is "at war" with judges who rule against it, and public attacks on judges such as Royce Lamberth, a Reagan appointee. He concludes that bypassing Senate confirmation for U.S. Attorneys and attacking the judiciary undermine the justice system.
Read the full commentary on amNewYork
This page is a summary prepared for robertsimels.com. The full commentary was published by amNewYork and remains on amNewYork's site.
Robert Simels. Robert Simels hosts the podcast Injustice for All and serves as a consultant on criminal justice matters. He is no longer practicing law.
About Robert Simels Listen to Injustice for All