"The defendant, by entering into this [plea] agreement, further agrees to
This cover-up has gone on long enough. The rule of law is the cornerstone of our constitutional system of government, it is something that each one of us needs to stand up for and defend. The crimes perpetrated by the now ironically named Department of Justice lawyers went beyond many of those committed by the non-cooperating defendants that have been victimized by this scheme. If you are outraged by this clear case of wanton and reckless governmental misconduct, forward this report to the following components of the DOJ requesting their review, investigation and disposition.
FEDERAL DEFENDER SERVICES
OF WISCONSIN, INC.
Dean A. Strang
William U. Burke
Brian P. Mullins
Calvin R. Malone
Thomas G. Wilmouth
April 13, 2004
Register No. - ******
P.O. Box 1000
Leavenworth, Kansas 66048, 1000
RE: Plea Agreement
Dear ****** ,
Your April 7,·2004, letter arrived yesterday. Thank you for writing.
You inquire into my recollection of our discussions concerning a particular paragraph of the
plea agreement, which you quote. My recollection is the same as yours, for practical
purposes. We discussed that paragraph, like most or all other paragraphs in the agreement.
You asked why it appeared in the plea agreement, when you were not exchanging information about anyone else. I explained that the paragraph does not apply to you, and probably further explained that, at the time, the United States Attorney's Office was taking the position that the paragraph must be included in all plea agreements, to protect persons who actually were cooperating with the government.
I thought then that the United States Attorney's policy was wrong and senseless. I opposed
the policy, at the time without success. In my view, it is the government's responsibility to
protect people who cooperate with the government; it is not the responsibility of those who
do not choose to become cooperators to provide cover for those who do. Further, the effect
of the paragraph was to require the lawyers to mislead the Court, because in fact there was
a side agreement not included in the plea agreement: you were not cooperating, when the
agreement suggested you were. The government's purposes may have been benign, I am
willing to assume for the sake of argument, but the fact is that plea agreements containing
this paragraph for those who were not cooperating were inaccurate. Finally, as you suggest,
one possible effect of that paragraph was to expose non,cooperating defendants to harassment in prison by other inmates, on the mistaken belief that these defendants in fact were cooperating with the United States government as snitches, stool pigeons, state's evidence, or whatever name you may wish to give cooperating witnesses. I thought that unfair.
When a new United States Attorney took office in this district after President Bush's
inauguration, the government's policy here changed. The prosecution no longer insists on
this paragraph in plea agreements, as it did in this district at the time you accepted a plea
agreement and pled guilty. At the time, though, as I probably explained to you, the
government would not enter into a plea agreement without that paragraph.
In short, then, to my knowledge you never provided information to the government about
anyone other than yourself. To my knowledge, you did not debrief with government agents. You did not testify for the government in any proceeding, or for that matter, testify for anyone else. To my knowledge, you were not serving as an informant, as a cooperating
individual, or as a cooperating witness.