From the July 2008 Idaho Observer:

Federal attorneys’ best friends—McDade and RICO

This is an issue very important to all Americans, but especially those of us (Yes, us, for I, too, am one of you) who have been unconstitutionally and illegally indicted, prosecuted and convicted in our U.S. federal courts and are now behind bars in federal prison. In my federal case and many (if not most-or all) federal criminal cases, federal prosecutors violate the McDade Act, codified as 28 USC § 530B. The McDade Act states that federal attorneys for the government are to be bound by state professional rules, to the same extent and in the same manner as other attorneys in that state. Moreover, pursuant to this law, the U.S. Department of Justice itself has promulgated the rule that its attorneys must "comply with state and local federal court rules of professional responsibility..." (28 C.F.R. § 77.1[b]. See e.g. 28 USC § 530B[a], [b], and [c], and see 28 CFR. § 77.1[b]).

As anyone who has gone to "trial" in federal court knows, "business as usual" dictates that the U.S. attorneys and assistant U.S. attorneys do NOT comply with this law or this rule; they do not, as a rule, act in compliance with their state’s "Rules of Professional Conduct" and are thereby in violation of, among other things, The McDade Act.

For example, U.S. government attorneys have repeatedly, in their "normal course of business" 1) sought indictments against "defendants" in the absence of a reasonable belief in the existence of probable cause, in violation of, among other things, Section 9-27.200, et seq. of the U.S. Attorney’s Manual; 2) failed to disclose exculpatory evidence to the defense, in violation of, among other things, Brady v. Maryland (373 U.S. 83 [1963]) and in violation of the Jencks Act (18 USC § 3500) and Palermo v. United States (350 U.S. 343, 79 S. Ct. 1217 [1959]); 3) offered evidence they know to be false; 4) altered evidence, in violation of 18 USC § 1503, a predicate criminal act of Racketeer Influenced and Corrupt Organization (RICO (18 USC § 1961 et seq.); 5) attempted to corruptly influence or color a witness’s testimony with the intent to encourage untruthful testimony (suborn perjury), in violation of 18 USC § 1503 and 18 USC § 1512; 6) violated the defendant’s right to discovery under Fed. R. Crim. P. 16(a); 7) improperly disseminated confidential, non-public information to persons during the investigation and trial, in violation of, for example, 18 USC § 2319; 8) committed Mail Fraud, in violation of 18 USC § 1341; and 9) committed Obstruction of Justice, in violation of 18 USC § 1518(a); committed illegal extortion, in violation of 18 USC § 1951; committed robbery and Criminal Infringement of a Copyright, in violation of RICO (18 USC § 1961 et seq. and 18 USC § 2319 and; 10) committed other RICO. acts, in violation of 18 USC. § 1961 et seq. Additionally, these acts of RICO violate 18 USC § 1962,

18 USC § 1963, and 18 USC § 1964 and, as such, are subject to criminal and civil penalties and remedies.

Pursuant to the McDade Act, the U.S. attorney general, who is currently Mr. Michael B. Mukasey (The Office of the Attorney General, United States Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530) is personally REQUIRED, as a legal function of his office, to report to the United States Congress any and all such violations. I sincerely trust that this very important legal information will help many of the readers of The Idaho Observer.

Phillip Lacerfield, M.Th

Forest City, Arkansas