A former ND Cal AUSA knowingly presented a lying snitch to the grand jury, who flat-out lied in response to questions from the prosecutor and grand jury.And then he did it again.And again.Three different grand jury sessions, in which the same AUSA presented the same cooperating witness, who lied before the grand jury. The grand jury returned the inevitable indictment, then trial, and conviction.DJ Koh's and the Ninth's remedy for this government outrageous conduct? I won't spoil the surprise in the COTW, but will hint with kudos to Swanson & McNamara's Ed Swanson and August Gugelmann for a hard-fought battle (a fight which continues, in the petition for rehearing en banc).
United States v. Harmon
Sunday, August 21, 2016