DOJ Ethics: PIN Heads, Bloch Heads & The Rocket

Whoooosh! And, like that, the complete acquittal in USA v. William Roger Clemens came and went. The five year long, over $10 million Clemens prosecution was a joke on the tax paying American public.

And so it goes for one defendant accused by the Department of Justice. What about other defendants who have come within the purview of the DOJ for false statements, perjury and obstruction of Congress? Say, for instance, our old friend Scott Bloch.

A friend of mine asked if the following order entered yesterday in Bloch’s case by DC District Court Magistrate Judge Deborah Robinson meant Scott Bloch must report immediately to Jail?

By a petition filed on June 19, 2012, the United States Probation Office advised that Defendant requests permission to travel internationally in August, 2012. U.S. Probation Office Petition (Document No. [74]) at 1. In the petition, the Probation Office notes that on April 27, 2010, Defendant was released by this court pending sentencing, subject to the condition, inter alia, that he report his travel plans to the Probation Office. Id.; see also Release Order (Document No. 5). The release order was entered after Defendant appeared before the undersigned and entered a plea of guilty to a one-count information by which he was charged with criminal contempt of Congress. 04/27/2010 Minute Entry. However, by an order filed on August 2, 2011, Defendant was permitted to withdraw his plea. Memorandum Opinion and Order (Document No. 73) at 1, 13. In the interim, no other charge has been filed, and no further proceedings have been scheduled; accordingly, Defendant is not on release pending sentencing, and has not been since August 2, 2011, the date on which he was permitted to withdraw his plea. It is, therefore, ORDERED that the release order (Document No. 5) is hereby VACATED nunc pro tunc to August 2, 2011. (lcdar3)

No, my friend was joking; but, still, the laugh is superbly taken. Looks to me like Bloch is scott free (some pun intended) OR (Own Recognizance) pending any other charges. Where are the new charges and/or plea?

When, if ever, will the DOJ Public Integrity Section (PIN) get around to pursuing the blatant in your face, egregious, actual crime against Congress committed by a critical federal investigative and prosecutorial attorney appointed to protect federal employees and whistleblowers instead of the silly corporate and in-bred Congressional protection racket charges inherent in the Roger Clemens, Barry Bonds and John Edwards prosecutions?

Okay, if I was Bloch’s defense attorney, William Sullivan of Pillsbury, I would absolutely say this is bunk, put my client on OR or cut him loose considering the dilly dallying, thumbs in ass, conduct of the DOJ. Since I am not him, I would like to know what the heck is going on. It has been nearly a year since Royce Lamberth, somewhat surprisingly, allowed Bloch to withdraw from his plea.

In their collusive attempt to get Bloch’s plea withdrawn, the DOJ and Bloch avowed they had already been discussing alternative paths for either charging or plea. That was before Lamberth allowed the withdrawal, i.e. well over a year ago. What in the world is stopping the DOJ from prosecuting this Criminal? In that same time period, they tried Roger Clemens twice, the second one lasting over two months, but apparently they just can’t find the time to prosecute a real criminal like Scott Bloch, doing real damage to government and Congress

Here is the thing, the date of the “Geek Squad wipe” Bloch obstructively did to his government computers was 12/18/2006 – the statute has now presumptively run on that. House Oversight requested their depo/interview on 12/6/2007 and actually took it on 3/4/2008. So, probably, there are still offenses within the SOL but it is wasting away. This just is NOT that complicated of a gig IF you are not completely pulling punches.

Seriously, please, tell me why we are still hanging where we are? A misdemeanor level rookie municipal prosecutor could have convicted Bloch in about a day and a half, maybe two day, long trial. The crack team at DOJ lead by the heads of PIN just can’t get er done? Scott Bloch should be heading to prison, not off on an Independence Day holiday vacation.

The real question here is not when will Bloch be dealt with, but why has he not been standardly, and appropriately – yet – still, even as of this quite late date within the statute of limitations? This course of conduct by the DOJ of colluding with Bloch to have him avoid accountability is a mocking joke on both the Article I Congress and the Article III Court. Yet, no questions are asked, no explanations given by DOJ, and few, if any, answers demanded by the press or Congress. The Obama DOJ, from their first moment, unequivocally, and inexplicably, aligned and sided with the criminal defendant Bloch, and diametrically opposite the interest of the public and rule of law.

Why do you think that is? Take a look at this in contrast to the way Roger Clemens was treated by the United States Department of Justice. And the way the Banksters have NOT been treated to the “niceties” of the US Criminal Justice system.

Golly, I wonder why that is? If Barack Obama and Eric Holder’s DOJ cannot answer for the lack of viable Wall Street/Financial Products Industry prosecutions, and have such little to say after the catastrophically worthless persecution of Roger Clemens, maybe the DOJ could at least tell the people it represents what the hell it is doing with Mr. Scott Bloch.

Naw, that is probably just too much to ask from America’s finest.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.
19 replies
  1. allan says:

    What I don’t understand is, do Obama and Holder really not understand that the other side plays for keeps?
    That a President Romney and AG Cuccinelli won’t extend them the same professional courtesy
    that they’re giving to Bloch?

  2. bmaz says:

    @allan: No, apparently not. Frankly though, I don’t think the GOP cares that much for Bloch either though. Bloch has no real natural constituency. What he does represent, however, is the principal that an Administration’s political appointees and attorneys can actually – GASP – be punished and sent to prison for lying to Congress. It is a strange convergence where none of the three branches seem particularly willing to protect the people’s interest in proper governance.

  3. Bay State Librul says:

    The Washington Post blames Bushie

    “The Clemens case came about because a handful of zealots who are presumably bored by their real jobs were overly empowered by former president George W. Bush’s mention of the performance-enhancing-drug issue in his 2004 State of the Union address. Investigators suddenly abandoned actual gumshoe detective work to chase athletes and headlines, all under the auspices of cleaning up sport, claiming PED usage has become a so-called societal problem”

  4. Bay State Librul says:

    The SF Post

    “Attorney General Eric Holder also took no part in the case because he had worked at a firm representing Clemens.”

  5. orionATL says:


    fyi if you haven’t seen it:

    from targeting american muslims, to persecuting former alabma gov seligeman and alaska sen stevens, to unhealthy whistleblower prosecutions to the clemens debacle,

    the u.s. dept of justice is out of control and needs to be reined in.

    severe penalties, including disbarment, for withholding evidence would be a good start.

    better still, would be removing prosecutors’ immunity under certain circumstances.

  6. bmaz says:

    @Bay State Librul: Baloney. Congress was only mildly interested because a couple of jackasses (like McCain) were making a little publicity off of it. The real juice for where this went came from George Mitchell and Selig calling in markers to keep their precious Mitchell Report from imploding after Clemens said he was innocent and they were full of shit. Now, he may or may not have lied when he said that, but there is not one credible piece of evidence that has ever been presented to demonstrate he did. None.

  7. JohnLopresti says:

    The current Article 2 administrative style is predictably protective of bureaucracy; this tack maketh no waves inside the beltway.

    Congress recently with Republican party savants’ leadership during Bushco-2 aegis, demonstrated vested interested in preserving that flavor of balance.

    Republicans at that time displayed rare nonpartisan gestures.

    Sunset independent counsel, lessen bivens, fracture class action.

    Bloch, as far as i know, has not got office of professional responsibility review. Call prof Rotunda.

    Bloch also seems to have taken as clients in his dc practice some unconventional aggregates of people, defending these individuals’ rights in seeming adversity of all stripe.

  8. Bay State Librul says:


    Did you believe Pete Rose until he admitted his gambling.
    Have your misremembered?
    Andy saw him take it.
    You must think Clemens is pretty naive.
    Debbie takes it, Roger knows didley.
    B-12 only.
    It’s laughable
    I AGREE in the court of law, they did not prove “beyond a shadow
    of a doubt” so he is free….
    I think the solution is to take DOJ out of the Executive Branch and be an independent body, perhaps……….

  9. Bay State Librul says:

    This just in from an interview about 2 hours ago

    Hardin added that Clemens still loves Boston and never wanted to leave.

    “[Dan] Duquette has gotten a free ride in some corners, but I will tell you: All Roger wanted to do was get a four-year contact to stay there because he wanted to retire with the Boston Red Sox,” Hardin said. “To this day he really loves those years. His leaving Boston was solely the result of one man’s decision.”

    Roger and Hardin are fucking delusional.
    I was here when he left, and this statement is pure unadulterated bullshit.

  10. Bay State Librul says:

    Bmaz, tell me your not number five/

    There are, in this world, at least four people who believe Roger Clemens’ career accomplishments were completely clean and proper. Three of those are my mother, my Aunt Barbara and my Uncle Marty — none of whom would recognize Clemens were he to knock on their doors wearing an I’M ROGER CLEMENS T-shirt. The fourth is Clemens himself, who is either somehow telling the truth (which means: a. Andy Pettitte lied under oath; b. Debbie Clemens received HGH injections without her husband knowing; c. Brian McNamee is both a liar and a man who relished the idea of flushing his reputation and career down the toilet in exchange for the joy of fibbing; and d. 45-year-old men can still let loose fastballs in the low-to-mid 90s — for seven-inning stretches) or completely and utterly delusional (I vote for the latter).

    Jeff Pearlman

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