A petition to the White House has been filed asking for Assistant US Attorney Stephen Heymann be removed from office. Good luck on that one. It is extremely rare for a prosecutor to ever be dismissed no matter what they do unless it is against the government. Thomas Jefferson included in the Declaration of Independence this same problem. The king protected his agents and rigged trials so they would not be prosecuted.
“For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:”
So unfortunately, good luck. Government will not prosecute its own. When they have to, they will NEVER dismiss a prosecutor unless he goes against the government. So do not expect much including any real response from the White House. As Thomas Paine explained in Common Sense, people confuse government and society. Society springs from the positive attributes of mankind to work together and develop by synergy. Government evolves from the process of restraint upon the people. The two are not the same. Government is always in confrontation with society. It lives to extract power and deny rights. If that were not true, there would be no need for a Bill of Rights because if there was respect for the people there should be no question about disciplinary actions. When government employees know they will never be prosecuted, they have no restraints.
http://rt.com/usa/swartz-prosecutor-petition-response-163/
http://www.justice.gov/criminal/about/oia.html
There have been thousands of complaits filed against prosecutors and to the best of my knowledge only 3 involved any discipinary sanction. Just under the Patriot Act, there were 834 complaints filed, but only 13 were reviewed for 6 months covering the period of January 1, 2005, through June 30, 2005.
Complaints processed: 834
Unrelated complaints: 624
Complaints within OIG’s
jurisdiction warranting review: 210
Non-Section 1001 matters
Management issues: 186
Referred to DOJ components
for investigation: 7
OIG unsuccessfully sought
further details: 4
Section 1001 matters
warranting review: 13
http://www.justice.gov/oig/special/0508/final.pdf
Here is an a review of disciplinary action against US Marshals.
“From a universe of 560 misconduct cases adjudicated between FY 1998 and FY 2000, we selected 50 cases to review for consistency and timeliness. We found 25 cases where the consistency of the discipline or the degree of discipline imposed raised serious concerns, and the reasons for the final discipline decisions were not adequately documented. In 8 of the 50 cases, we also found no documented evidence in the employees’ official personnel folders that discipline actions had been enforced.
In 14 of the 50 cases, we found significant periods of unexplained elapsed time
that appeared to prolong case adjudication. The overall adjudication timeline for these 14 cases ranged from 89 days to 330 days, with unexplained elapsed time periods ranging from 61 days to 217 days. Because of incomplete or inaccurate information in case files and the automated database, ERT personnel could not reconstruct case events to account for these time periods.”
http://www.justice.gov/oig/reports/USMS/e0111/final.pdf
Here a report on disciplinary actions with the FBI:
http://www.justice.gov/oig/reports/FBI/e0902/final.pdf
For further reports see:
http://searchjustice.usdoj.gov/search?q=number+of+complaints+oia&btnG.x=-1100&btnG.y=-98&btnG=Search&sort=date%3AD%3AL%3Ad1&output=xml_no_dtd&ie=iso-8859-1&oe=UTF-8&client=default_frontend&proxystylesheet=default_frontend&site=default_collection
