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" ... Chief Marcucci’s second comment was highly revealing in that it agreed with the President’s core contention about government tree clearing policy while calling into question the rapidly-assembled official line from Governor Brown, Congressman Lieu, and much of the major media. Chief Marcucci observed that “It’s a daunting task that we’re working with some of our cooperators (i.e. federal and local authorities) to make sure we can get some of those trees out of the way to not add to some of the fuel.” CAL FIRE elaborated on the issue by stating that years of abstaining from controlled burns resulted in unchecked growth creating a tinderbox now fueling out-of-control wildfires. ... "
" ... It was clear that the government did not want to call Robert as a witness as they knew he would not corroborate their interpretation of the "Silver- platter", thereby weakening their case against Sean. Sean's defense team subpoenaed Robert but government prosecutors said that they would not provide Robert with immunity if he testified. Further, prosecutors stated that they might bring charges of perjury if his testimony countered his "Silver-platter" statement. Robert was forced into the position of taking the Fifth and would not testify. Cunniffe testified for the government but admitted under cross examination that he had also been involved in unemployment fraud and taxes-related violations. Many sins are forgiven for cooperators. ... "
" ... On the whole, even if it makes sense for prosecutors to give some amount of consideration to the “relative importance” of a case in assessing whether a non-prosecution agreement is appropriate, it is not at all clear why the Department of Justice makes this “a significant threshold consideration.” As written, this instruction does too much to encourage the use of non-prosecution agreements in high-profile matters alone, and too little to advance the use of these agreements across the spectrum of cases in which they would be warranted. The fair administration of justice would be better served if the Department of Justice cast this instruction aside and made non-prosecution agreements available to deserving cooperators regardless of a case’s “relative importance.” Until that happens, though, in appropriate circumstances, counsel should consider ways to impress upon the Department of Justice the “relative importance” of the cases their clients can help with, even if those matters may not show up on the front page. ... "
" ... The case demonstrated one of the worst parts of our justice system, that the first one to the courthouse, no matter how sinister their crimes, usually gets the best deal. Cunniffe, the most culpable in Sean's case, received no time in prison even though he had a history of other misdeeds - taxes and unemployment fraud. All too often our justice system rewards cooperators, not because they are telling the truth, but that their “narrative” will get a guilty verdict. ... "