Chilling Effects: “In case you were thinking of leaking to the press, think again”

In another stroke of irony, an article relating the events resulting in the dismissal of charges in the Ruehle matter was circulated by email to the attorneys in the United States Attorney’s Office on December 15, 2009, by First AUSA Mann with the notation: “In case you were thinking of leaking to the press, think again . . . A case in California was dismissed for prosecutorial misconduct after the AUSA admitted leaking among other problems.” ~ US District Court Judge Kurt Engelhardt

Well folks, being in Team Unwashed Masses has its benefits as Jan Mann and Sal Perricone evidently preferred Legitimate Media™ types for their leaking, not that there is anything wrong with that as rumors are swirling and the Wino, in a drunken stupor mentioned “the chilling effects” Kurt Engelhardt’s order is having on the discussion, even in the depths of the gutters at Lafayette Square. In fact, observing the social chatter in the local media congroovancy bears out that fact, due to the new 500 pound gorilla in the room.  Judge Engelhardt explains:

With regard to the Rule 6(e) issue presented in this matter, the Court has reviewed the Fifth Circuit’s guidance set forth in In Re Grand Jury Investigation (Lance), 610 F.2d 202 (5th Cir. 1980). In Lance, the Fifth Circuit discussed the analysis required when a district court considers an allegation of a violation of Rule 6(e) based upon news media reports. First, there must be a clear indication that the media reports disclose information about “matters occurring before the grand jury.” Secondly, the article or articles must indicate the source of the information revealed to be one of those prescribed by Rule 6(e), which prohibits disclosure by attorneys for the government. Third, the Court must assume that all statements in such news report are correct. Fourth, the Court considers the nature of the relief requested and the extent to which it interferes with the grand jury process. Fifth, the Court must weigh any evidence presented by the government to rebut the assumed truthfulness of reports which otherwise make a prima facie case of misconduct.

In this case, the Court finds that the first factor is satisfied, and the second factor has been met pursuant to Lance, which referred to the phrase “sources close to the investigation” to find an inference that the source of the information disclosed is the Justice Department, or the attorneys conducting the grand jury investigation, since they are the persons most likely to know when the presentation of evidence will be completed, and when a proposed indictment might be voted upon by the grand jurors. As to the third factor, the undersigned assumes that all statements in the news reports cited by defendants are correct. The fourth factor, which requires the Court to consider the nature of the relief requested and the extent to which it interferes with the grand jury process, is practically moot. In this case, the grand jury has completed its work and returned an indictment against these defendants (and those that entered guilty pleas to lesser charges), such that any relief granted herein would not interfere with the grand jury process at all. As to the fifth factor, the Court has not been provided with any affidavits or acceptable rebuttal evidence other than the tainted June 27, 2012 Report of Inquiry from former First AUSA Mann. The Report, however, does not contain sworn denials set forth in an affidavit, or any other testimonial refutations to contradict the prima facie case of misconduct. See Lance, 610 F.2d at 219-220.

Under these circumstances, the Court cannot rule on the defendants’ motion for new trial until the DOJ rectifies the present inadequacies. Prosecutorial misconduct in this case is a very near and present thing; however, the possibility of it ripening into grounds for relief remain somewhat distant. At this juncture, the Court is unwilling to find that Defendants have met their burden; but it is also unwilling to find that Defendants will not be able to meet that burden. In the meantime, the Court intends to follow the advice of Washington himself: “There is but one straight course, and that is to seek truth and pursue it steadily.”

And this is why I happily get all my leaks from the gutter because we’re truth seekers here at Slabbed too and if we were seeking the truth in this matter, a good way to get to the bottom of things would be to ask the media where they got their information.  Even better, if you are an inquisitive type that sports a badge…..Judge Engelhardt explains: Continue reading “Chilling Effects: “In case you were thinking of leaking to the press, think again””

The cancer in Jim Letten’s office diagnosed as metastatic and the patient is terminal. A playing on the internet update. (Updated)

Well folks all the prosecutions Sal Perricone commented upon are all getting a second looksie including the post Katrina Danziger Bridge murders. It goes without saying that Jan Mann should have resigned weeks ago but yesterday the noose around her career’s neck was tightened considerably by Judge Engelhardt, who ordered the Department of Justice to reopen an investigation into leaks on the Danziger case using the term “prosecutorial misconduct” in his order.  Well worth noting is the fact it strongly appears Mann lied to Judge Engelhardt.

Laura Maggi’s story that I linked above is worth the read for another reason as she used the Engelhardt order to explain Billy Gibbens, attorney for both convicted NOPD officer Archie Kaufman and Fred Heebe.  Gibbens is rumored to be the guy that dropped the proverbial dime on Perricone and Mann’s extracurricular internet activities.

Finally Mark Moseley at Your Right Hand Thief and Jason Berry at AZ have tackled this general topic from different angles in posts that are well worth the read as the Perricone debacle has turned into a national story.


Gordon Russell at NOLA Media Group has a new story detailing the testimony of Mike Magner earlier this month that is a must read. The political/social incest in Letten’s office is once again on display as we cue to Mayor Mitchmo’s baby bro, one of the people Magner notified about Perricone’s online antics. Judge Engelhardt was repeatedly lied to and misled by Jim Letten’s office and he is clearly pissed.

Worth noting is the fact that Perricone has evidently come clean on his handle CampStBlue, something he did not do in his late summer chat with Errol (and the noisemakers).

Gotta give both Fred Heebe and the Wino their due….

I’m certain the Wino would tell you I give her too much credit but folks Slabbed’s deep throat source on all things Jefferson Parish has hung some skins on the wall and then some.  I mention this because back in March when Fred Heebe filed a defamation suit against Assistant US Attorney Sal Perricone the Wino told me then Heebe never would have rolled with Perricone when he did unless he had something else better to use down the line.  The Wino knows all from the depths of the gutters at Lafayette Square.

I mention this for obvious reasons, unless you’ve been under a rock since late yesterday morning that is, as bad news Friday struck with Heebe filing another defamation suit against Jim Letten’s right hand lady Jan Mann.  Like the Perricone suit Heebe’s latest legal strike is bullshit from a legal standpoint but that is also besides the point as this news lead off every TeeVee newscast last night and has dominated the web site of the NOLA Media Group, first with Editor/reporter Gordon Russell followed by Rich Rainey’s in-depth piece which ran last night.

The bottom line is the evidence that “eweman”=Jan Mann looks strong albeit circumstantial.  Clearly Sal Perricone had a playmate on the internet at his office as I offer the Wino’s analysis in a rare direct quotation with one minor redaction:

OK several things jump out at me… one eweman not only defends Sal…this person has knowledge from either the inside of the investigation or was in parish government in the 90’s…. those that know Mr XXX was XXXXXXXX would be a small crowd. Continue reading “Gotta give both Fred Heebe and the Wino their due….”