OTHERWISE: Prosecuting Prosecutors for Perjury? 9th Circuit Weighs In Concurring Opinions

OTHERWISE: Prosecuting Prosecutors for Perjury? 9th Circuit Weighs In Concurring Opinions.
by Ronald K.L. Collins
“Writing in the New York Observer, Sidney Powell began his column this way: “What will it take to produce honest and ethical conduct from our state and federal prosecutors? The Ninth Circuit has a suggestion. Perhaps a perjury prosecution will do it. In fact, that is exactly what should happen when prosecutors affirmatively lie. This case, Baca v. Adams, involves a clear violation of the Supreme Court’s decision in Napue, which holds that prosecutors cannot put on perjured testimony, much less lie themselves. Unfortunately, as I’ve documented elsewhere, it happens far too often, when it should never happen at all.”
I urge readers to take a look at Mr. Powell’s column, which is both informative and powerful. Even more so is the video of the exchange between Judges Alex Kozinski, Kim McLane Wardlaw, William Fletcher and California Supervising Deputy Attorney General Kevin Vienna. Early on in his opening remarks (16 minutes into video), Mr, Vienna stated: “A number of things happened that should have not happened, and we’re not here to defend them.” But he defend them he did, albeit guardedly.

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